Copeland Anti-Kickback Act - Wisconsin

Summary of differences between federal and state regulations

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

A typical contract statement might read:

The Copeland "Anti-Kickback" Act requires that workers be paid at least once a week, and without any deductions or rebates except permissible deductions. Permissible deductions include taxes, deductions the worker authorizes in writing, and those required by court processes. The act also requires contractors to submit weekly payroll records and Statements of Compliance to the contracting agency. Regulations, Part 3, requires contractors and subcontractors on Davis-Bacon covered construction projects to submit each week a “statement of compliance” certifying compliance with the Davis-Bacon requirements. This “statement of compliance” is usually referred to as the certified payroll. This Act applies to all contracts covered by Davis-Bacon. Violation of the Copeland Act is a felony and may result in termination of the contract or criminal prosecution by the U.S. Government, punishable by a fine of $5,000, 5 years in prison, or both.

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