Copeland Anti-Kickback Act

Scope

The “Anti-Kickback” section of the Copeland Act applies to all contractors and subcontractors performing on any federally funded or assisted contract for the construction, prosecution, completion or repair of any public building or public work, except contracts for which the only federal assistance is a loan guarantee. This provision applies even where no labor standards statute covers the contract.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

Basic provisions/requirements. The “Anti-Kickback” section of the Act precludes a contractor or subcontractor from in any way inducing an employee to give up any part of the compensation to which the employee is entitled under his or her contract of employment. The Act and implementing regulations require a contractor and subcontractor to submit a weekly statement of the wages paid to each employee performing on covered work during the preceding payroll period. The regulations also list payroll deductions that are permissible without the approval of the Secretary of Labor and those deductions that require consent of the Secretary of Labor.

Employee rights. The “Anti-Kickback” provisions of the Copeland Act give covered workers on subject federal contracts the right to receive the full pay to which they are entitled for the work they perform. The Act also gives such workers the right to receive pay on a weekly basis. The Wage and Hour Division of the Employment Standards Administration accepts complaints of alleged Copeland Act wage violations.

Compliance assistance available. The Wage and Hour Division enforces the provisions of the Act and implementing regulations. More detailed information, including copies of the regulatory materials, may be obtained by contacting the local Wage and Hour offices (1-866-4USWAGE). Compliance assistance information may also be obtained on the Wage and Hour Division’s Web site.

Penalties/sanctions. Any contractor or subcontractor who induces an employee working on a covered contract to give up any part of the compensation to which the employee is entitled is subject to a $5,000 fine, or imprisonment for up to five years, or both. Willful falsification of the statement of compliance may subject the employer to civil or criminal prosecution and may be cause for contract termination or debarment. Contractors may challenge determinations on debarment before an administrative law judge. Decisions of administrative law judges may be appealed to the Administrative Review Board. Final determinations on debarment may be appealed to and are enforceable through the federal courts. Civil and criminal sanctions are pursued through the federal courts.

Relation to state, local and other federal laws. The “Anti-Kickback” provisions apply to any contract assisted in whole or in part by loans or grants from the Federal Government, except those contracts where the only federal assistance is a loan guarantee. The provisions of the Act and the regulation pertaining to the weekly statement of wages and payroll deductions apply to federally assisted contracts that are subject to federal wage standards.