Walsh-Healey Public Contracts Act USA

The Walsh-Healey Public Contracts Act (also known as the Walsh-Healey Act) is a United States federal law that was enacted in 1936. It requires that contractors and subcontractors who enter into contracts with the federal government for the manufacture or sale of goods must pay their employees at least the minimum wage and overtime pay required by the Fair Labor Standards Act (FLSA). It also requires that contractors and subcontractors maintain safe and healthy working conditions, and it prohibits discrimination in hiring and employment practices.

The Walsh-Healey Public Contracts Act applies to contracts for the manufacture or sale of goods that exceed $10,000 and that are entered into by the federal government. It does not apply to contracts for services, construction, or agriculture.

The Walsh-Healey Public Contracts Act (also known as the Walsh-Healey Act) was signed into law by President Franklin D. Roosevelt on June 30, 1936. It was enacted in response to concerns about low wages and poor working conditions in the manufacturing sector, and it was intended to ensure that workers employed under federal contracts were paid fairly and were protected from hazardous working conditions. The Act applies to contracts for the manufacture or sale of goods that exceed $10,000 and that are entered into by the federal government.

History and Amendment:

  1. The act was amended in 1949 to require contractors to provide their employees with a forty-hour workweek and to prohibit child labor.
  2. In 1974, the act was amended to include provisions for affirmative action and non-discrimination in hiring and employment.
  3. In 1978, the act was further amended to increase the minimum wage and overtime pay for covered workers.

Provisions

The Act’s provisions include:

  1. Minimum wage and overtime pay: Contractors and subcontractors must pay their employees at least the minimum wage and overtime pay required by the Fair Labor Standards Act (FLSA).
  2. Safe and healthy working conditions: Contractors and subcontractors must maintain safe and healthy working conditions in compliance with federal and state laws and regulations.
  3. Prohibition of discrimination: Contractors and subcontractors are prohibited from discrimination in hiring and employment practices on the basis of race, color, religion, sex, national origin, or disability.
  4. Record-keeping: Contractors and subcontractors are required to keep records of the wages and benefits paid to their employees, and to make them available for inspection by the Department of Labor upon request.
  5. Penalties: The Act provides for penalties for violation of its provisions, including fines and termination of the contract.

Responsibilities and Accountabilities:

  1. Compliance with minimum wage and overtime pay: Contractors and subcontractors are responsible for complying with the minimum wage and overtime pay requirements established under the Act.
  2. Maintaining safe and healthy working conditions: Contractors and subcontractors are responsible for maintaining safe and healthy working conditions in compliance with federal and state laws and regulations.
  3. Prohibition of discrimination: Contractors and subcontractors are responsible for complying with the prohibition of discrimination in hiring and employment practices on the basis of race, color, religion, sex, national origin, or disability.
  4. Record-keeping: Contractors and subcontractors are responsible for keeping records of the wages and benefits paid to their employees, and for making them available for inspection by the Department of Labor upon request.

Sanctions and Remedies:

  1. Civil Penalties: The Act authorizes the Department of Labor to impose civil penalties on contractors and subcontractors who violate its provisions.
  2. Termination of contract: The Act allows for the termination of a contract for violation of its provisions.
  3. Injunctions: The Act allows the Department of Labor to seek court injunctions to prevent or remedy violations of its provisions.
  4. Back Pay and Damages: The Act allows for reimbursement of lost wages and benefits to workers who were paid less than the prevailing wage rates and to recover damages for any damages suffered as a result of the violations.
  5. The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing the provisions of the Walsh-Healey Public Contracts Act.

The Walsh-Healey Public Contracts Act is a federal law that requires contractors and subcontractors who enter into contracts with the federal government for the manufacture or sale of goods to pay their employees at least the minimum wage and overtime pay required by the Fair Labor Standards Act (FLSA). It also requires that contractors and subcontractors maintain safe and healthy working conditions and prohibits discrimination in hiring and employment practices. The Act has been amended several times over the years to strengthen its provisions and enhance the rights of workers employed under federal contracts. Penalties for violation of the act include fines and termination of contract, back pay and damages, and other remedies.

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