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['Government contracts']
['Copeland Anti-Kickback Act']
05/17/2022
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Copeland Anti-Kickback Act - North Carolina
Summary of differences between federal and state regulations
There is not a comparable act or regulation for the State of North Carolina. North Carolina incorporates the Act into construction contracts when Federal funds are involved.
Here is a typical provision for adding this particular Act to a contract for construction services:
All contracts and subgrants for construction or repair shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The grantee shall report all suspected or reported violations to the grantor agency. This material is presented in form HUD-4010 and in the Labor Standards Handbook 1344.1 Revision 1. These provisions should be contained in each set of bid documents and referenced in each contract.
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
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.