Contract Work Hours and Safety Standards Act- California

Summary of differences between federal and state regulations

The Contract Work Hours and Safety Standards Act (CWHSSA) was enacted in 1962 to consolidate many “eight hour” laws that provide for overtime pay after eight hours in a day on federal contracts or federal subsidized contracts. It also provides for overtime pay after 40 hours a week.

The State of California implements the requirements of the Contract Work Hours and Safety Standards Act(CWHSSA) as an attachment to contracts for goods and services.

The Act requires that: where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Section's 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1.5 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous. These requirements do not apply to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Relationship to federal acquisitions

The provisions of the Contract Work Hours and Safety Standards Act also apply to Davis-Bacon and Related Acts contracts where the contract is financed in whole or in part by grants or loans from the U.S. Government, or loans insured or guaranteed by the U.S. Government, except where the federal assistance is only in the nature of a loan guarantee or insurance.

Projects that are not federal contracts or federally assisted contracts are covered under state overtime rules. You can review these rules under the topic: Overtime.