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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS2

of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued.
4 The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours.
5 Nothing in this clause limits or otherwise modifies the contractors payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law.
h The contractor as defined in 29 CFR
23.20 shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause.
i Certification of Eligibility. 1 By entering into this contract, the contractor and officials thereof certifies that neither it nor he or she nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3a of the Davis-Bacon Act, or 29 CFR 5.12a1.
2 No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts.
3 The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.

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j Tipped employees. In paying wages to a tipped employee as defined in section 3t of the Fair Labor Standards Act, 29 U.S.C.
203t, the contractor may take a partial credit against the wage payment obligation tip credit to the extent permitted under section 3a of Executive Order 14026. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 14026. To utilize this proviso:
1 The employer must inform the tipped employee in advance of the use of the tip credit;
2 The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by which the employees wages will be considered increased on account of the tip credit;
3 The employees must be allowed to retain all tips individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received; and 4 The employer must be able to show by records that the tipped employee receives at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit.
k Antiretaliation. It shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 14026 or 29 CFR part 23, or has testified or is about to testify in any such proceeding.
l Disputes concerning labor standards.
Disputes related to the application of Executive Order 14026 to this contract shall
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not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR part 23. Disputes within the meaning of this contract clause include disputes between the contractor or any of its subcontractors and the contracting agency, the U.S.
Department of Labor, or the workers or their representatives.
m Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis-Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting is displayed prominently on any website that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
NOTE: The following appendix will not appear in the Code of Federal Regulations.

AppendixIncreasing the Minimum Wage for Federal Contractors BILLING CODE 451027C

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