Wage and Hour Division (WHD)
McNamara-O-Hara Service Contract Act (SCA)
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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.
The Wage and Hour Division has issued a Final Rule; notice of effective date and OMB approval of information to announce the effective date of its final rule published on August 29, 2011, to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The effective date is January 18, 2013. For more information, please visit the Nondisplacement Final Rule Webpage. (December 21, 2012)
- Frequently Asked Questions
- Conformances Under the Service Contract Act
- All Agencies Memorandum (AAMs)
- Cross-Index for Contract Labor Standards
- State Labor Laws
- Prevailing Wage Resource Book - The Prevailing Wage Resource Book’s 2013 version will be posted in early March 2013.
- Employment Law Guide – Prevailing Wages in Service Contracts (PDF)
- Service Contract Act - Conformance Guide (PDF)
- Service Contract Act Directory of Occupations, 5th Edition (PDF)
- SCA Directory 5th Edition, Table of Contents (PDF)
- SCA Directory 5th Edition, Occupational Index (PDF)
- SCA Directory Comparison of 4th and 5th Editions (PDF)
- 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)
- Service Contract Act/Walsh-Healey Public Contracts Act
- Notice to Workers with Special Disabilities/Special Minimum Wage
- Displaced Employee Rights on Successor Contracts
- Other Workplace Posters
- 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 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)
- Fact Sheet 67A — Nondisplacement of Qualified Workers Under Service Contracts
- Additional Fact Sheets
- Standard Form (SF) 1444 — Request for Authorization of Additional Classification and Wage Rate
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
- SCA
- 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
- PCA
- 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
- Prevailing Wage Conference Videos
- Wage Determinations OnLine.gov
- Standard Form 98 Electronic Version “e98”
- elaws Poster Advisor — Poster requirements of several laws administered by the department of Labor
- Prevailing Wage Conference Coverage Overview (Microsoft® PowerPoint®)
- Introduction to SCA Wage Determinations (Microsoft® PowerPoint®)
- Service Contract Act Compliance Principles (Microsoft® PowerPoint®)
- Fair Labor Standards Act (Microsoft® PowerPoint®)
- Interaction of Labor Standards Statutes on Federal Government Contracts (Microsoft® PowerPoint®)
- Investigation Procedures Under SCA/FLSA/CWHSSA (Microsoft® PowerPoint®)
- SCA Coverage & Exemptions (Microsoft® PowerPoint®)
Davis-Bacon Act and Service Contract Act Online Training For Government Contracting Officials
The Wage and Hour Division (WHD) is pleased to announce that online training is now available to assist all federal, state and local contracting agencies with information on federal rules concerning prevailing wages and other labor law requirements. The training modules, presented by WHD staff and its federal agency partners, provide contracting officials with information on the process of obtaining wage determinations; adding classifications to wage determinations (conformances); compliance principles, and enforcement process under both the Davis-Bacon Act (DBA) and the McNamara Service Contract Act (SCA).
Specifically, two training modules are currently being offered on line. A four hour session for the DBA and a second four hour session on the SCA. These training modules and accompanying power points presentations are available in their entirety at the following links:
- Prevailing Wage Conference Videos and Transcripts
- McNamara - O’Hara Service Contract Act PowerPoint
- SCA Price Adjustment (Air Force Perspective) PowerPoint
- Davis-Bacon Act PowerPoint
- Davis Bacon Compliance Principles
- Certified Payroll Exercise
This website provides a single location for federal contracting officers to use in obtaining appropriate Service Contract Act (SCA) and Davis-Bacon Act (DBA) wage determinations (WDs) for each official contract action. The website is available to the general public as well. Guidance in selecting WDs from this website is provided in the WDOL.gov User’s Guide.