FAR 22.403-6—Department of Labor regulations involving construction.
Plain-English Summary
FAR 22.403-6 explains how Department of Labor (DOL) regulations apply to federal construction contracting and where contracting personnel and contractors must look for the controlling labor rules. It ties the FAR construction labor framework to the DOL regulations in Title 29, Subtitle A, and identifies the specific DOL parts that govern construction wage rates, payroll and anti-kickback requirements, enforcement procedures, appeals, federal contractor minimum wage, and paid sick leave. In practice, this section tells agencies and contractors that the FAR subpart is not self-contained; it implements DOL standards and procedures for construction contracts and must be read together with the DOL rules. It also directs that questions about wage determinations, including labor classifications, and about interpreting the DOL regulations in this area must be sent to the Administrator, Wage and Hour Division. This matters because construction labor compliance is highly technical, and mistakes in wage rates, payroll records, classifications, or enforcement responses can lead to back wages, contract remedies, and disputes.
Key Rules
DOL rules govern construction
The Secretary of Labor has issued regulations in Title 29 that set the standards and procedures used by DOL and federal agencies. FAR subpart 22.403 implements the DOL rules that apply specifically to contracts involving construction.
Part 1 wage determinations
29 CFR Part 1 covers Construction Wage Rate Requirements statute minimum wage rates. These are the wage determinations and related rules used to establish required labor rates on covered construction contracts.
Part 3 payroll and anti-kickback
29 CFR Part 3 covers the Copeland (Anti-Kickback) Act, including weekly statements of compliance and the preservation and inspection of weekly payroll records. Contractors must maintain and submit the required payroll documentation.
Part 5 enforcement procedures
29 CFR Part 5 addresses enforcement of the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, and the Copeland (Anti-Kickback) Act. It is the main enforcement framework for covered construction labor requirements.
Parts 6 and 7 appeals
29 CFR Parts 6 and 7 establish the procedures for challenging DOL findings and decisions. Part 6 covers appeals and Administrative Law Judge hearings in enforcement cases, while Part 7 covers appeals to the Department of Labor Administrative Review Board.
Part 10 federal contractor minimum wage
29 CFR Part 10 establishes the minimum wage for Federal contractors. Construction contracts may be affected when this requirement applies to covered workers.
Part 13 paid sick leave
29 CFR Part 13 establishes paid sick leave for Federal contractors. Contractors performing covered construction work must account for this requirement where applicable.
Wage questions go to DOL
Questions about wage determinations, including classifications, and about interpreting the DOL regulations referenced in this section must be referred to the Administrator, Wage and Hour Division. Contracting officers should not substitute their own interpretation for DOL guidance on these matters.
Responsibilities
Department of Labor
Issues and administers the labor regulations in Title 29 that govern construction contracts, including wage determinations, payroll requirements, enforcement procedures, appeals, federal contractor minimum wage, and paid sick leave rules.
Contracting Officer
Apply the FAR construction labor requirements in conjunction with the referenced DOL regulations, ensure the correct wage determination and labor clauses are used, and refer questions on wage determinations or DOL regulatory interpretation to the Wage and Hour Division.
Contractor
Comply with the applicable wage rates, payroll recordkeeping, anti-kickback requirements, work hours and safety standards, and any applicable federal contractor minimum wage and paid sick leave obligations; also follow DOL enforcement and appeal procedures if a dispute arises.
Wage and Hour Division Administrator
Provide authoritative interpretation of wage determinations, including classifications, and of the DOL regulations referenced in this section.
Administrative Law Judge and Administrative Review Board
Hear and decide appeals and enforcement matters under the procedures established in 29 CFR Parts 6 and 7.
Practical Implications
This section is a roadmap to the controlling labor rules for construction contracts; users must read the FAR and the cited DOL parts together, not in isolation.
A common pitfall is treating wage classifications or wage determination questions as a contracting officer judgment call; this section directs those issues to DOL for interpretation.
Contractors must keep weekly payroll records and compliance statements in order, because Part 3 and Part 5 enforcement can turn recordkeeping failures into compliance findings.
When a labor dispute or enforcement action occurs, the appeal path is governed by DOL procedures in Parts 6 and 7, so missing deadlines or using the wrong forum can forfeit rights.
Because Parts 10 and 13 may also apply, contractors should check whether federal contractor minimum wage and paid sick leave obligations attach in addition to the traditional construction wage and hour rules.
Official Regulatory Text
(a) Under the statutes and Executive orders referred to in 22.403 and Reorganization Plan No. 14 of 1950 (3 CFR 1949-53 Comp., p. 1007), the Secretary of Labor has issued regulations in Title 29, Subtitle A, Code of Federal Regulations, prescribing standards and procedures to be observed by the Department of Labor and the Federal contracting agencies. Those standards and procedures applicable to contracts involving construction are implemented in this subpart. (b) The Department of Labor regulations include- (1) Part 1, relating to Construction Wage Rate Requirements statute minimum wage rates; (2) Part 3, relating to the Copeland (Anti-Kickback) Act and requirements for submission of weekly statements of compliance and the preservation and inspection of weekly payroll records; (3) Part 5, relating to enforcement of the– (i) Construction Wage Rate Requirements statute; (ii) Contract Work Hours and Safety Standards statute; and (iii) Copeland (Anti-Kickback) Act; (4) Part 6, relating to rules of practice for appealing the findings of the Administrator, Wage and Hour Division, in enforcement cases under the various labor statutes, and by which Administrative Law Judge hearings are held; (5) Part 7, relating to rules of practice by which contractors and other interested parties may appeal to the Department of Labor Administrative Review Board, decisions issued by the Administrator, Wage and Hour Division, or administrative law judges under the various labor statutes; (6) Part 10, relating to establishing a minimum wage for Federal contractors; and (7) Part 13, relating to establishing paid sick leave for Federal contractors. (c) Refer all questions relating to the application and interpretation of wage determinations (including the classifications therein) and the interpretation of the Department of Labor regulations in this subsection to the Administrator, Wage and Hour Division.