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    Home/FAR Navigator/52/52.2/52.222/52.222-4

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
      • 52.000Scope of part.
      • 52.1Subpart 52.1
      • 52.2Subpart 52.2
        • 52.200Scope of subpart.
        • 52.201[Reserved]
        • 52.202[Reserved]
        • 52.203[Reserved]
        • 52.204[Reserved]
        • 52.205[Reserved]
        • 52.206[Reserved]
        • 52.207[Reserved]
        • 52.208[Reserved]
        • 52.209[Reserved]
        • 52.210[Reserved]
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        • 52.219[Reserved]
        • 52.220[Reserved]
        • 52.221[Reserved]
        • 52.222[Reserved]
          • 52.222-1Notice to the Government of Labor Disputes.
          • 52.222-2Payment for Overtime Premiums.
          • 52.222-3Convict Labor.
          • 52.222-4Contract Work Hours and Safety Standards -Overtime Compensation.
          • 52.222-5Construction Wage Rate Requirements-Secondary Site of the Work.
          • 52.222-6Construction Wage Rate Requirements.
          • 52.222-7Withholding of Funds.
          • 52.222-8Payrolls and Basic Records.
          • 52.222-9Apprentices and Trainees.
          • 52.222-10Compliance with Copeland Act Requirements.
          • 52.222-11Subcontracts (Labor Standards).
          • 52.222-12Contract Termination-Debarment.
          • 52.222-13Compliance with Construction Wage Rate Requirements and Related Regulations.
          • 52.222-14Disputes Concerning Labor Standards.
          • 52.222-15Certification of Eligibility.
          • 52.222-16Approval of Wage Rates.
          • 52.222-17[Reserved]
          • 52.222-18Certification Regarding Knowledge of Child Labor for Listed End Products.
          • 52.222-19Child Labor-Cooperation with Authorities and Remedies.
          • 52.222-20Contracts for Materials, Supplies, Articles, and Equipment.
          • 52.222-21Prohibition of Segregated Facilities.
          • 52.222-22Previous Contracts and Compliance Reports.
          • 52.222-23Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.
          • 52.222-24Preaward On-Site Equal Opportunity Compliance Evaluation.
          • 52.222-25Affirmative Action Compliance.
          • 52.222-26Equal Opportunity.
          • 52.222-27Affirmative Action Compliance Requirements for Construction.
          • 52.222-28[Reserved]
          • 52.222-29Notification of Visa Denial.
          • 52.222-30Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).
          • 52.222-31Construction Wage Rate Requirements-Price Adjustment (Percentage Method).
          • 52.222-32Construction Wage Rate Requirements-Price Adjustment (Actual Method).
          • 52.222-33Notice of Requirement for Project Labor Agreement.
          • 52.222-34Project Labor Agreement.
          • 52.222-35Equal Opportunity for Veterans.
          • 52.222-36Equal Opportunity for Workers with Disabilities.
          • 52.222-37Employment Reports on Veterans.
          • 52.222-38Compliance with Veterans’ Employment Reporting Requirements.
          • 52.222-39[Reserved]
          • 52.222-40Notification of Employee Rights Under the National Labor Relations Act.
          • 52.222-41Service Contract Labor Standards.
          • 52.222-42Statement of Equivalent Rates for Federal Hires.
          • 52.222-43Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).
          • 52.222-44Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment.
          • 52.222-45[Reserved]
          • 52.222-46Evaluation of Compensation for Professional Employees.
          • 52.222-47[Reserved]
          • 52.222-48Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
          • 52.222-49Service Contract Labor Standards-Place of Performance Unknown.
          • 52.222-50Combating Trafficking in Persons.
          • 52.222-51Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements.
          • 52.222-52Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
          • 52.222-53Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.
          • 52.222-54Employment Eligibility Verification.
          • 52.222-55Minimum Wages for Contractor Workers Under Executive Order 14026.
          • 52.222-56Certification Regarding Trafficking in Persons Compliance Plan.
          • 52.222-57[Reserved].
          • 52.222-58[Reserved].
          • 52.222-59[Reserved].
          • 52.222-60[Reserved].
          • 52.222-61[Reserved].
          • 52.222-62Paid Sick Leave Under Executive Order 13706.
        • 52.223[Reserved]
        • 52.224[Reserved]
        • 52.225[Reserved]
        • 52.226[Reserved]
        • 52.227[Reserved]
        • 52.228[Reserved]
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        • 52.230[Reserved]
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        • 52.241[Reserved]
        • 52.242[Reserved]
        • 52.243[Reserved]
        • 52.244[Reserved]
        • 52.245[Reserved]
        • 52.246[Reserved]
        • 52.247[Reserved]
        • 52.248[Reserved]
        • 52.249[Reserved]
        • 52.250[Reserved]
        • 52.251[Reserved]
        • 52.252[Reserved]
        • 52.253[Reserved]
      • 52.3Subpart 52.3
    • 53Forms
    Up to 52.222
    subsectionUpdated April 16, 2026

    FAR 52.222-4—Contract Work Hours and Safety Standards -Overtime Compensation.

    Plain-English Summary

    FAR 52.222-4 implements the Contract Work Hours and Safety Standards statute’s overtime requirements for contracts involving laborers and mechanics. It covers when overtime must be paid, the contractor’s and subcontractor’s liability for unpaid wages and liquidated damages, the Government’s right to withhold funds to cover those liabilities, payroll and basic recordkeeping requirements, Government inspection and employee interview rights, and flowdown requirements to subcontractors and lower-tier subcontractors. In practice, this clause is a compliance and enforcement tool: it ensures covered workers are paid time-and-a-half for hours over 40 in a workweek, gives the Government remedies if that does not happen, and creates documentation and oversight rights so violations can be detected and corrected. It matters both to contractors, who must manage labor costs and subcontract compliance, and to contracting officers, who must monitor, withhold, and assess damages when violations occur. The clause also ties into Department of Labor regulations and the inflation-adjusted liquidated damages rate, so compliance requires attention not just to the contract text but also to current regulatory guidance.

    Key Rules

    Overtime for covered labor

    Contractors and subcontractors employing laborers or mechanics may not require or permit them to work more than 40 hours in a workweek unless they are paid at least 1.5 times their basic rate of pay for each overtime hour. The rule applies to covered laborers and mechanics, not to all employees.

    Unpaid wages and damages

    If the overtime rule is violated, the responsible contractor and subcontractor are liable for unpaid wages and also for liquidated damages payable to the Government. The contracting officer assesses liquidated damages using the rate in 29 CFR 5.5(b)(2), per affected employee for each calendar day of violation.

    Inflation-adjusted penalty rate

    The liquidated damages amount is not static. The Department of Labor adjusts the civil monetary penalty for inflation annually under the Federal Civil Penalties Inflation Adjustment Act, so the current rate must be checked rather than assumed.

    Government withholding authority

    The contracting officer may withhold enough contract payments to satisfy unpaid wages and liquidated damages. If the current contract does not have enough funds, the contracting officer may withhold from other Federal or federally assisted contracts held by the same contractor that are subject to the statute.

    Payroll and recordkeeping

    The contractor and subcontractors must keep payrolls and basic payroll records for all laborers and mechanics on the contract and make them available to the Government until 3 years after contract completion. Required records include employee identity, classifications, hourly rates, hours worked, deductions, and actual wages paid.

    Inspection and interview rights

    Authorized representatives of the contracting officer or the Department of Labor may inspect, copy, or transcribe the required records. They may also interview employees at the workplace during working hours, so contractors must be prepared for direct compliance reviews.

    Subcontract flowdown and responsibility

    The contractor must insert the clause’s requirements in subcontracts that may require or involve laborers and mechanics, and must require lower-tier flowdown as well. The prime contractor remains responsible for subcontractor and lower-tier subcontractor compliance.

    Responsibilities

    Contractor

    Pay covered laborers and mechanics overtime at not less than 1.5 times the basic rate for hours over 40 in a workweek; monitor labor classifications and hours; maintain required payroll and basic records; permit record inspections and employee interviews; flow the clause down to applicable subcontracts; and remain responsible for subcontractor compliance.

    Subcontractor

    Comply with the overtime pay requirement for covered workers; maintain and provide payroll and basic records; allow inspections and interviews; and include the clause in any lower-tier subcontracts that may involve laborers and mechanics.

    Lower-tier subcontractor

    Follow the same overtime, recordkeeping, and access requirements when performing covered work, as flowed down through the subcontract chain.

    Contracting Officer

    Assess liquidated damages when violations occur; withhold contract payments sufficient to cover unpaid wages and damages; and, if needed, withhold from other covered Federal or federally assisted contracts held by the same contractor.

    Department of Labor

    Provide the regulatory liquidated damages rate referenced by the clause, adjust the civil monetary penalty for inflation annually, and conduct or support compliance oversight through authorized representatives.

    Government authorized representatives

    Inspect, copy, or transcribe payroll and basic records and interview employees at the workplace during working hours to verify compliance.

    Practical Implications

    1

    Contractors need a reliable timekeeping and payroll system that distinguishes covered laborers and mechanics from other personnel and tracks weekly hours accurately.

    2

    A common pitfall is assuming overtime rules are satisfied by paying a premium only on some hours or under a different internal policy; the clause requires at least time-and-a-half for hours over 40 in the workweek for covered workers.

    3

    Prime contractors cannot treat subcontractor violations as someone else’s problem; the clause makes the prime responsible for flowdown and compliance down the chain.

    4

    Recordkeeping failures can create compliance problems even if wages were paid correctly, because the Government can inspect records and interview workers to verify what actually happened.

    5

    Contracting officers should be prepared to withhold funds quickly when violations are identified, and contractors should expect that unpaid wages and liquidated damages can be collected from current or other covered contracts if necessary.

    Official Regulatory Text

    As prescribed in 22.305 , insert the following clause: Contract Work Hours and Safety Standards-Overtime Compensation (May 2018) (a) Overtime requirements . No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300 ) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours. (b) Violation; liability for unpaid wages; liquidated damages . The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate specified at 29 CFR 5.5 (b)(2) per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37 ). In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later than January 15 each year. (c) Withholding for unpaid wages and liquidated damages . The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute (d) Payrolls and basic records. (1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5 (a)(3) implementing the Construction Wage Rate Requirements statute. (2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours. (e) Subcontracts . The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause. (End of clause)

    Back to 52.222FAR Navigator
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