U.S. Department of Labor - Wage and Hour Division (WHD) - McNamara-O-Hara Service Contract Act (SCA)

Wage and Hour Division (WHD)

McNamara-O-Hara Service Contract Act (SCA)

Overview

The McNamara-O’Hara Service Contract Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract.

For contracts equal to or less than $2,500, contractors are required to pay the federal minimum wage as provided in Section 6(a)(1) of the Fair Labor Standards Act.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to SCA-covered contracts.

General Guidance

Guides

Fact Sheets

Fact Sheet 39 — The Payment of Special Minimum Wages to Workers with Disabilities Who Are Employed on Federal Service Contracts Subject to the McNamara-O'Hara Service Contract Act (PDF)
Fact Sheet 17a— Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (PDF)

Fact Sheet 17a — Spanish Version (PDF)

Fact Sheet 22 — Hours Worked Under the Fair Labor Standards Act (PDF)
Fact Sheet 23 — Overtime Pay Requirements of the FLSA (PDF)
Fact Sheet 44 — Visits to Employers (PDF)
Additional Fact Sheets

E-Tools

Wage Determinations OnLine.gov
Standard Form 98 Electronic Version “e98”
Standard Form (SF) 1444 Request for Authorization of Additional Classification and Wage Rate (PDF)
elaws Poster Advisor — Poster requirements of several laws administered by the department of Labor

Workplace Posters

Service Contract Act/Walsh-Healey Public Contracts Act

Spanish Version

Notice to Workers with Special Disabilities/Special Minimum Wage

Spanish Version

Other Workplace Posters

Forms:

Standard Form (SF) 1444 — Request for Authorization of Additional Classification and Wage Rate (PDF)

Interpretive Guidance

Field Operations Handbook

Chapter 14 — The McNamara-O'Hara Service Contract Act (PDF)
Chapter 64 — Employment of Workers with Disabilities at Special Minimum Wages under Section 14(c)

Applicable Laws and Regulations

Laws

McNamara-O’Hara Service Contract Act of 1965, as Amended — 41 U.S.C. 351 et seq. (PDF)
Fair Labor Standards Act of 1938, as Amended — 29 U.S.C. 201 et seq. (PDF)
Contract Work Hours and Safety Standards Act, as Amended — 40 U.S.C. 3701 et seq. (PDF)
The Davis Bacon Act — 40 U.S.C. 3141 et seq.
Walsh-Healey Public Contracts Act — 41 U.S.C. 35 et seq.

Regulations

29 C.F.R. Part 4 — Labor Standards for Federal Service Contracts
29 C.F.R. Part 6 — Rules of Practice for Administrative Proceedings Enforcing Labor Standards In Federal and Federally Assisted Construction Contracts and Federal Service Contracts
29 C.F.R. Part 8 — Practice Before the Administrative Review Board With Regard to Federal Service Contracts

FLSA

29 C.F.R. 525 — Employment of Workers With Disabilities Under Special Certificates
29 C.F.R. Part 541 — Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees
29 C.F.R. 778 — Overtime Compensation
29 C.F.R. 785 — Hours Worked
Other Fair Labor Standards Act Regulations

CWHSSA

29 C.F.R. Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act.
29 C.F.R. Part 6 — Rules of Practice for Administrative Proceedings Enforcing Labor Standards In Federal and Federally Assisted Construction Contracts and Federal Service Contracts
29 C.F.R. Part 8 — Practice Before the Administrative Review Board With Regard to Federal Service Contracts

41 C.F.R. Part 50-201 — General Regulations
41 C.F.R. Part 50-202 — Minimum Wage Determinations
41 C.F.R. Part 50-203 — Rules of Practice
41 C.F.R. Part 210 — Statements of General Policy and Interpretation Not Directly Related to Regulations