Service
Contract Act
Title 29, Code of Federal Regulations,
Part 4
Labor Standards for Federal Service Contracts
(29CFR 4.78-4.179)
29 CFR 4.178 - Computation
of hours worked.
Since employees subject to
the Act are entitled to the minimum
compensation specified under its provisions for each hour worked in
performance of a covered contract, a computation of their hours worked
in each workweek when such work under the contract is performed is
essential. Determinations of hours worked will be made in accordance
with the principles applied under the Fair Labor Standards Act as set
forth in part 785 of this title which is incorporated herein by reference.
In general, the hours worked by an employee include all periods in which
the employee is suffered or permitted to work whether or not required
to do so, and all time during which the employee is required to be on
duty or to be on the employer's premises or to be at a prescribed workplace.
The hours worked which are subject to the compensation provisions of
the Act are those in which the employee is engaged in performing work
on contracts subject to the Act.
However, unless such hours
are adequately segregated, as indicated in Sec. 4.179, compensation
in accordance with the Act will be required for all hours of work in
any workweek in which the employee performs any work in
connection with the contract, in the absence of affirmative proof to
the
contrary that such work did not continue throughout the workweek.
29 CFR 4.179 - Identification
of contract work.
Contractors and subcontractors
under contracts subject to the Act
are required to comply with its compensation requirements throughout
the
period of performance on the contract and to do so with respect to all
employees who in any workweek are engaged in performing work on such
contracts. If such a contractor during any workweek is not exclusively
engaged in performing such contracts, or if while so engaged it has
employees who spend a portion but not all of their worktime in the
workweek in performing work on such contracts, it is necessary for the
contractor to identify accurately in its records, or by other means,
those periods in each such workweek when the contractor and each such
employee performed work on such contracts.
In cases where contractors
are not exclusively engaged in Government contract work, and there are
adequate records segregating the periods in which work was performed
on contracts subject to the Act from periods in which other work was
performed, the compensation specified under the Act need not be paid
for hours spent on non-contract work. However, in the absence of records
adequately segregating non-covered work from the work performed on or
in connection with the contract, all employees working in the establishment
or department where such covered work is performed shall be presumed
to have worked on or in connection with the contract during the period
of its performance, unless affirmative proof establishing the contrary
is presented.
Similarly, in the absence
of such records, an employee performing any
work on or in connection with the contract in a workweek shall be presumed
to have continued to perform such work throughout the workweek, unless
affirmative proof establishing the contrary is presented. Even where
a contractor can segregate Government from non-Government work, it
is necessary that the contractor comply with the requirements of section
6(e) of the FLSA discussed in Sec. 4.160.