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A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) <br />A17.1 <br />29 USC§ 201, et seq <br />A17.2 <br />SOURCE <br />APPLICABILITY <br />The U.S. Department of Labor (DOL) Wage and Hour Division administers the Fair Labor Standards Act <br />(FLSA). This act prescribes federal standards for basic minimum wage, overtime pay, record keeping, <br />and child labor standards. <br />Contract Types -Per the Department of Labor, all employees of certain enterprises having workers <br />engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or <br />otherwise working on goods or materials that have been moved in or produced for such commerce by <br />any person are covered by the FLSA. <br />All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted <br />project must comply with the FLSA. <br />Professional Services -29 CFR § 213 exempts employees in a bona fide executive, administrative <br />or professional capacity. Because professional firms employ individuals that are not covered by <br />this exemption, the sponsor's agreement with a professional services firm must include the FLSA <br />provision. <br />Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and <br />meets the intent of this requirement. If the sponsor uses different language, the sponsor's language <br />must fully satisfy the requirements of 29 USC§ 201.The sponsor must select contractor or consultant, as <br />appropriate for the contract. <br />A17.3 SOLICITATION CLAUSE <br />All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of <br />29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if <br />given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor <br />standards for full and part-time workers. <br />The [Contractor I Consultant] has full responsibility to monitor compliance to the referenced statute or <br />regulation. The [Contractor I Consultant] must address any claims or disputes that arise from this <br />requirement directly with the U.S. Department of Labor -Wage and Hour Division. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 51