['Government contracts']
['Copeland Anti-Kickback Act']
07/17/2024
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Summary of differences between federal and state regulations
There is not a comparable act or regulation for the State of Vermont. Vermont incorporates the Act into construction contracts when Federal funds are involved.
A typical contract agreement might read:
Section 204 – Contractual Agreements—204.01 Administration Requirements
By signing the Agreement the Consultant agrees to comply with the following provisions and certifies that he/she or they are in compliance with the provisions of 49 CFR §18.36 Procurement (i) Contract Provisions with principal reference to the following:
Copeland "Anti-Kickback" Act. For any Contracts or subcontracts for construction or repair, the Consultant agrees to comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. § 874, as supplemented by Department of Labor Regulations, 29 CFR 3.
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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