U.S. Code
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Title 41
» Subtitle Subtitle II— Other Advertising and Contract Provisions › Chapter CHAPTER 67— SERVICE CONTRACT LABOR STANDARDS
41 U.S.C. § 6701
Definitions
In this chapter:(1)Compensation.—The term “compensation” means any of the payments or fringe benefits described in section 6703 of this title.(2)Secretary.—The term “Secretary” means the Secretary of Labor.(3)Service employee.—The term “service employee”—(A) means an individual engaged in the performance of a contract made by the Federal Government and not exempted under section 6702(b) of this title, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States;(B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but(C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations.(4)United states.—The term “United States”—(A) includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but(B) does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.)Historical and Revision Notes |
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6701 | 41:357. | Pub. L. 89–286, § 8, Oct. 22, 1965, 79 Stat. 1036; Pub. L. 93–57, § 1, July 6, 1973, 87 Stat. 140; Pub. L. 94–489, § 3, Oct. 13, 1976, 90 Stat. 2358. |
In paragraph (3), the word “individual” is substituted for “person” because of the definition of “person” in 1:1. The words “contract made by the Federal Government” are substituted for “contract entered into by the United States” for consistency in the revised title. The words “as of July 30, 1976, and any subsequent revision of those regulations” are omitted as obsolete.
In paragraph (4)(A), the words “the outer Continental Shelf” are substituted for “Outer Continental Shelf lands” for consistency with the definition in 43:1331 and for consistency with the more common usage generally found in subchapter III of chapter 29 of title 43. The words “Eniwetok Atoll, Kwajalein Atoll” are omitted because they are part of the Marshall Islands and therefore no longer part of the United States. The words “Canton Island” are omitted because it is part of Kiribati and therefore no longer part of the United States.
Editorial NotesReferences in TextThe Outer Continental Shelf Lands Act, referred to in par. (4)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
Notes of Decisions
Call Henry, Inc. v. United States, 855 F.3d 1348 (Fed. Cir. 2017).
“Call Henry’s contract was subject to the McNamara-O’Hara Service Contract Act of 1965 (“SCA”), 41 U.S.C. § 6701 , et seq., and its implementing regulations.”
Louisiana Forestry Ass'n v. Solis, 889 F. Supp. 2d 711 (E.D. Pa. 2012).
“, and the McNamara-O’Hara Service Contract Act (“SCA”), 41 U.S.C. §§ 6701 et seq. (formerly 41 U.”
Call Henry, Inc. v. United States, 125 Fed. Cl. 282 (Fed. Cl. 2016).
“41 U.S.C. § 6701 et seq. (2012). This collective bargaining agreement, which included wage and fringe benefit provisions, was incorporated into plaintiffs contract with defendant.”
Longo v. Ltd., 992 F. Supp. 2d 612 (E.D.N.C. 2014).
“Defendants contend that the Court is without subject matter jurisdiction to consider plaintiffs’ claims, and that plaintiffs have therefore failed to state a claim upon which relief can be granted, because the plan contributions in question are governed by the Service Contract…”
Jose Perez v. Owl, Inc., 110 F.4th 1296 (11th Cir. 2024).
“Assured of our jurisdiction, we must then decide two merits issues: first, whether a Florida breach of contract claim for back pay necessarily imports the prevailing wage under the Service Contract Act, 41 U.S.C. § 6701 et seq., and second, whether the “regular rate” under the…”
Longo v. Trojan Horse Ltd., 208 F. Supp. 3d 700 (E.D.N.C. 2016).
“Remaining claims and arguments Plaintiffs’ claims are not barred by the Service Contract Act, 41 U.S.C. §§ 6701 et seq., as the Court has determined that the contributions at issue are appropriately considered Plan assets and are governed by ERISA.”
Rivas v. United Am. Sec., LLC (D.D.C. 2026).
· cites it 4× “2 This rate is “established by the United States Secretary of Labor pursuant to Chapter 67 of Title 41 of the United States Code ( 41 U.S.C. § 6701 et seq.), as amended.” D.”
Alutiiq Com. Enter., LLC (A.S.B.C.A. 2020).
· cites it 3× “, 19) The 91 page modification makes no mention of wages, the Service Contract Act (SCA) 41 U.S.C. §§ 6701 et seq.4, the CBA and contains no release language.”
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