Service Contract Act

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Title 29, Code of Federal Regulations, Part 4
Labor Standards for Federal Service Contracts

(29 CFR 4.154- 4.158)

29 CFR 4.154 - Employees covered by sections 2(a)(3) and (4).

The safety and health standards of section 2(a)(3) and the notice
requirements of section 2(a)(4) of the Act (see Sec. 4.183) are
applicable, in the absence of a specific exemption, to every service
employee engaged by a contractor or subcontractor to furnish services
under a contract subject to section 2(a) of the Act.

29 CFR 4.155 - Employee coverage does not depend on form of employment contract.

The Act, in section 8(b), makes it plain that the coverage of
service employees depends on whether their work for the contractor or
subcontractor on a covered contract is that of a service employee as
defined in section 8(b) and not on any contractual relationship that may
be alleged to exist between the contractor or subcontractor and such
persons. In other words, any person, except those discussed in
Sec. 4.156 below, who performs work called for by a contract or that
portion of a contract subject to the Act is, per se, a service employee.
Thus, for example, a person's status as an ``owner-operator'' or an
``independent contractor'' is immaterial in determining coverage under
the Act and all such persons performing the work of service employees
must be compensated in accordance with the Act's requirements.

29 CFR 4.156 - Employees in bona fide executive, administrative, or professional capacity.

The term service employee as defined in section 8(b) of the Act does
not include persons employed in a bona fide executive, administrative,
or professional capacity as those terms are defined in 29 CFR part 541. Employees within the definition of service employee who are employed in an executive, administrative, or professional capacity are not excluded from coverage, however, even though they are highly paid, if they fail to meet the tests set forth in 29 CFR part 541. Thus, such employees as laboratory technicians, draftsmen, and air ambulance pilots, though they require a high level of skill to perform their duties and may meet the salary requirements of the regulations in part 541 of this title, are ordinarily covered by the Act's provisions because they do not typically meet the other requirements of those regulations.

29 CFR 4.157 - 4.158 (Reserved)