FAR 22.1901—Definitions.
Plain-English Summary
FAR 22.1901 provides the core definitions used in the paid sick leave requirements tied to Executive Order 14026 in this subpart. It defines the geographic term "United States" for coverage purposes and, most importantly, defines who counts as a "worker" under the rule. The worker definition explains which individuals are covered based on the statutes governing their wages, excludes bona fide executive, administrative, and professional employees, and makes clear that coverage does not depend on how the parties label the relationship. It also expressly includes workers paid under special certificates under the Fair Labor Standards Act and individuals in bona fide apprenticeship or training programs registered with the Department of Labor or a recognized State Apprenticeship Agency. Finally, the section distinguishes work performed "on" a contract from work performed "in connection with" a contract, which is critical for determining the scope of coverage in practice.
Key Rules
United States is broadly defined
For this subpart, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined by the Outer Continental Shelf Lands Act. This definition matters because it sets the geographic scope for applying the rule.
Worker coverage follows wage law
A "worker" is any person performing work on or in connection with a covered contract whose wages are governed by the Fair Labor Standards Act, the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. The definition is tied to the wage regime applicable to the individual, not just the contract label.
Executive, administrative, and professional employees are excluded
Individuals employed in a bona fide executive, administrative, or professional capacity are not workers for purposes of this definition, as those terms are defined in 29 CFR part 541. This exclusion applies even if the person otherwise works on or in connection with a covered contract.
Independent contractor labels do not control
The definition applies regardless of the contractual relationship alleged to exist between the individual and the employer. In practice, this means an employer cannot avoid coverage simply by calling someone an independent contractor if the person otherwise meets the definition.
Special certificate workers are included
Workers whose wages are calculated under special certificates issued under 29 U.S.C. 214(c) are included in the definition. These workers remain covered if they otherwise perform work on or in connection with the contract.
Registered apprentices and trainees are included
Individuals working on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with DOL's Office of Apprenticeship or a recognized State Apprenticeship Agency are included. The rule specifically brings these workers within coverage rather than excluding them because of their training status.
On the contract versus in connection with the contract
A worker performs "on" a contract when directly performing the specific services required by the contract. A worker performs "in connection with" a contract when the work is necessary to contract performance but is not itself the contracted-for service, such as support, administration, or other enabling work.
Responsibilities
Contracting Officer
Identify whether the contract is covered by Executive Order 14026 and apply the correct geographic and worker definitions when administering the contract. Ensure solicitation and contract administration decisions reflect the broad coverage rules for workers performing on or in connection with the contract.
Contractor
Determine which employees and other individuals qualify as covered workers under the definition, including support staff, apprentices, and workers paid under special certificates. Do not rely on job titles or independent-contractor labels to exclude individuals who otherwise meet the definition.
Subcontractor
Apply the same worker-coverage analysis to personnel performing work on or in connection with the covered subcontract. Track whether individuals are performing direct contract services or necessary support work.
Agency
Implement the subpart consistently across covered acquisitions and ensure internal guidance aligns with the regulatory definitions. Support compliance oversight and enforcement where the definition of worker affects paid sick leave obligations.
Worker/Employee
Understand that coverage may apply based on the nature of the work and the wage statute governing the job, not just the title or label used by the employer. Workers in apprenticeship or special-certificate arrangements may still be covered.
Practical Implications
This definition is the gateway to coverage, so getting it wrong can lead to missed paid sick leave obligations or overbroad exclusions. Contractors should review job classifications carefully, especially for mixed-duty employees and support staff.
The phrase "in connection with" is broad and often captures payroll, HR, security, logistics, and other enabling functions that are not the core service but are necessary to performance. A narrow reading can create compliance gaps.
Do not assume that independent contractors, apprentices, or workers under special wage certificates are outside the rule. The definition expressly includes some of these categories and overrides labels that do not match the substance of the relationship.
The geographic definition of "United States" matters for determining where the rule applies, including certain territories and the outer Continental Shelf. Contractors with dispersed operations should verify location-based coverage.
Because the definition cross-references other labor standards and DOL regulations, compliance teams should coordinate FAR analysis with wage-and-hour and labor-law classifications rather than treating this as a standalone procurement issue.
Official Regulatory Text
As used in this subpart— United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 , et seq. ). Worker , (in accordance with 29 CFR 23.20)– (1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and (A) Whose wages under such contract are governed by the Fair Labor Standards Act ( 29 U.S.C. chapter 8 ), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67 ), or the Wage Rate Requirements (Construction) statute ( 40 U.S.C. chapter 31 , subchapter IV), (B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (C) Regardless of the contractual relationship alleged to exist between the individual and the employer. (ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) . (iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2) (i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and (ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.