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On the Mark #17

On the Mark! is a special publication series for staff responsible for labor standards administration and enforcement. Its purpose is to share streamlining tips and other useful innovations that enhance job performance and results. Any suggestions or comments you may have for On the Mark! are welcome. Please contact us by email.

 

What's new about Contract Work Hours and Safety Standards Act (CWHSSA) liquidated damages? 

Changes to CWHSSA liquidated damages

On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74, Section 701) was signed into law to advance the effectiveness of civil money penalties and deterrence against labor violations. The new act directs Federal agencies to adjust monetary penalties for inflation each year in January.

CWHSSA fines are applied to contracts over $100,000 for overtime violations over 40 hours per week, per laborer or mechanic.

Current rate and more information on CHWSSA.


Type of Violation

Statutory Citation

CFR Citation

Maximum Civil Monetary Penalty before 1/2/2018

Maximum Civil Monetary Penalty after 1/2/2018

(1) Failure to pay laborers and mechanics at a rate not less than one and one-half times their basic rate of pay.

40 USC 3702(c)

29 CFR 5.8(a) and 29 CFR 5.5(b)(2)

$25

$26


Please contact the HUD Davis Bacon and Labor Standards staff for your area if you have any questions about labor standards requirements in HUD programs.  Here is a list including the jurisdictions they serve, and contact information of the Davis Bacon and Labor Standards field staff.