Copeland Anti-Kickback Act - Georgia

Summary of differences between federal and state regulations

There is not a comparable act or regulation for the State of Georgia. Georgia incorporates the Act into construction contracts when Federal funds are involved.

A typical contract statement might read:

Contractor agrees that all work done as part of this Agreement will comply fully with applicable administrative and other requirements established by applicable federal and state laws and regulations and guidelines, including §1902(a)(7) of the Social Security Act and DCH Policies and Procedures, and assumes responsibility for full compliance with all such applicable laws, regulations, and guidelines. Contractor shall fully reimburse DCH for any loss of funds or resources or overpayment resulting from the failure to comply with same by Contractor, or its staff, agents, or subcontractors. Contractor acknowledges that the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.) and the rules and regulations as promulgated by the United States Department of Labor in Title XXIX of the Code of Federal Regulations are applicable to this Agreement. Contractor shall abide by all federal laws that affect the delivery of services under this Agreement, including the Titles VI, VII, XIX of the Social Security Act, the federal Rehabilitation Act of 1973, the Davis-Bacon Act (40 U.S.C. § 276a et seq.), the Copeland Anti-Kickback Act (40 U.S.C. § 276c), and the Americans with Disabilities Act of 1993 (including 28 C.F.R. § 35.100 et seq.). Contractor shall comply with all requirements or regulations of the United States Department of Health and Human Services that are currently applicable or become applicable from time to time.

Summary of Federal Act

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.

The regulations pertaining to Copeland Act payroll deductions and submittal of the weekly statement of compliance apply only to contractors and subcontractors performing on federally funded contracts in excess of $2,000 and federally-assisted contracts in excess of $2,000 that are subject to federal wage standards.

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 he or she 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.

State

Contacts

None.

Regulations

None.

Federal

Contact

Employment Standards Administration Wage and Hour Division, Department of Labor

Regulations

29 CFR 3, 48 CFR 22