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(b) The terms "construction," "prosecution," °completion," or "repair" mean all types of work done on a particular
<br />building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the
<br />transporting of materials and supplies to or from the building or work by the employees of the construction contractor or
<br />construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of
<br />the building or work, by persons employed at the site by the conVactor or subcontractor.
<br />(c) The terms "public building" or "public work" include building or work for whose construction, prosecution,
<br />completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a
<br />Federal agency.
<br />(d) The term "building or work financed in whole or in part by loans or grants from the Unites States" includes
<br />building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is
<br />made directly or indirectly from funds provided by loans or grants by a Federal agency. The term includes building or
<br />work for which the Federal assistance granted is in the form of loan guarantees or insurance.
<br />(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction,
<br />prosecution, completion, or repair of a public building or public work or building or work flnanced in whole or in part by
<br />loans or grants ftom the United States is "employed" and receiving "wages," regardless of any contractual relationship
<br />alleged to exist between him and the real employer.
<br />( fl The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or
<br />subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor
<br />or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
<br />(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments,
<br />independent establishments, administrative agencies, and instrumentalit)(s of the United States and of the District of
<br />Columbia, including corporations, all or substantially all of the stock of which is beneflcially owned by the United States, by
<br />the District of Cotumbia, or any of the foregoing departments, establishments, agencies, and instrumentality's.
<br />{29 FR 97, Jan. 4, 1964, as amended at 33 FR 32575, Nov. 27, 1973}
<br />Section 3.3 Weekly statement with respect to payment of wages.
<br />(a) As used in this section, the term "employee" shall not apply to persons in classffications higher than that of
<br />laborer or mechanic and those who are the immediate supervisors of such employees.
<br />(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
<br />building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall
<br />furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29
<br />CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or
<br />subcontractor or by an authorized officer of employee of the contractor or subcontractor who supervlses the payment of
<br />wages, and shall be on form WH 348, "Statement of Compliance," or on an identical form on the back of WH 347, `Payroll
<br />(For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be
<br />obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the
<br />Government Printing Office.
<br />(c) The requirements of this section shall not apply to any contract of $2,000 or less.
<br />(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable
<br />limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the
<br />Secretary of Labor may specify.
<br />{29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968}
<br />Section 3.4Submission of weekly statements and the preservation and inspection of weekly payroll records.
<br />(a) Each weekly statement required under §3.3 shall be delivered by the contractor or subcontractor, within
<br />seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge
<br />at the site of the building or work, or if there is no representative of a Federal or State agency at the site of the building or
<br />work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency
<br />contracting for or financing the building or work. After such examination and check as may be mede, such statement, or a
<br />copy thereof; shall be kept available, or shall be transmitted together with a report of any violation, in accordance with
<br />applicable procedures prescribed by the United States Department of Labor.
<br />(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from
<br />date of completion of the contract. The payroll records shall set out accurately and completely the name and address of
<br />each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions
<br />made, and actual wages paid. Such payroll records shall be made available at all times far inspection by the contracting
<br />officer or his authorized representative, and by authorized representatives of the Department of Labor.
<br />Section 3.5Payroll deductions permissible without appllcation to or approval of the Secretary of Labor.
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