29 C.F.R. § 4.102

Administration of the Act

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As provided by section 4 of the Act and under provisions of sections 4 and 5 of the Walsh-Healey Public Contracts Act (49 Stat. 2036, 41 U.S.C. 38, 39), which are made expressly applicable for the purpose, the Secretary of Labor is authorized and directed to administer and enforce the provisions of the McNamara-O'Hara Service Contract Act, to make rules and regulations, issue orders, make decisions, and take other appropriate action under the Act. The Secretary is also authorized to make reasonable limitations and to make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from provisions of the Act (except section 10), but only in special circumstances where it is determined that such action is necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business and is in accord with the remedial purposes of the Act to protect prevailing labor standards. The authority and enforcement powers of the Secretary under the Act are coextensive with the authority and powers under the Walsh-Healey Act. Curtiss Wright Corp. v. McLucas 364 F. Supp. 750, 769 (D NJ 1973).

Notes of Decisions

Cited in 3 cases, 1985–2003 · leading case: Richard L. Barron Linda M. Barron v. Robert Reich Dep't of Labor Robert Kelley, 13 F.3d 1370 (9th Cir. 1994).

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Richard L. Barron Linda M. Barron v. Robert Reich Dep't of Labor Robert Kelley, 13 F.3d 1370 (9th Cir. 1994). “15 (enforcement actions under the SCA may be instituted by the Department of Labor); see also 29 C.F.R. § 4.102 (Secretary of Labor is authorized to administer and enforce provisions of the SCA).”

Menlo Serv. Corp., Daniel Sloan v. United States of Am., William Brock , Sec'y, Dep't of Labor, James B. Edward, Elmer B. Staats, 765 F.2d 805 (9th Cir. 1985). ““Service Contract” Construed The Service Contract Act “establishes standards for minimum compensation and safety and health protection of employees performing work for contractors and subcontractors on service contracts entered into with the Federal Government____” 29 C.F.R. §…”

Bannum, Inc. v. Sawyer, 251 F. Supp. 2d 7 (D.D.C. 2003). · cites it 3× “In particular, the plaintiff argues that the final agency action here that is subject to judicial review is the DOL’s promulgation of 29 C.F.R. § 4.102 , which is the agency’s regulation that it relies upon to conduct the investigation at issue in this case.”

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