Page:United States Statutes at Large Volume 116 Part 2.djvu/388

 116 STAT. 1170 PUBLIC LAW 107-217—AUG. 21, 2002 subject to this section. For each workweek in which the laborer or mechanic is so employed, wages include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of 40 hours in the workweek. (b) CONTRACT REQUIREMENTS. —^A contract described in section 3701 of this title, and any obligation of the Federal Government, a territory of the United States, or the District of Columbia in connection with that contract, must provide that— (1) a contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided in this chapter; and (2) when a violation of clause (1) occurs, the contractor and any subcontractor responsible for the violation are liable— (A) to the affected employee for the employee's unpsud wages; and (B) to the Government, the District of Columbia, or a territory for liquidated damages as provided in the contract. (c) LIQUIDATED DAMAGES.— Liquidated damages under subsection (b)(2)(B) shall be computed for each individual employed as a laborer or mechanic in violation of this chapter and shall be equal to $10 for each calendar day on which the individual was required or permitted to work in excess of the standeird workweek without payment of the overtime wages required by this chapter. (d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.— Subject to section 3703 of this title, the governmental agency for which the contract work is done or which is providing financial assistance for the work may withhold, or have withheld, from money payable because of work performed by a contractor or subcontractor, amounts administratively determined to be necessary to satisfy the liabilities of the contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. § 3703. Report of violations and withholding of amounts for unpaid wages and liquidated damages (a) REPORTS OF INSPECTORS.— An officer or individual designated as an inspector of the work to be performed under a contract described in section 3701 of this title, or to aid in the enforcement or fulfillment of the contract, on observation or after investigation immediately shall report to the proper officer of the Federal Government, a territory of the United States, or the District of Columbia all violations of this chapter occurring in the performance of the work, together with the name of each laborer or mechanic who was required or permitted to work in violation of this chapter and the day the violation occurred. (b) WITHHOLDING AMOUNTS. — (1) DETERMINING AMOUNT.—The amount of unpaid wages and liquidated damages owing under this chapter shall be determined administratively. (2) AMOUNT DIRECTED TO BE WITHHELD.— The officer or individual whose duty it is to approve the payment of money by the Government, territory, or District of Columbia in connection with the performance of the contract work shall direct the amount of—

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