U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015

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EROIGSA-15-0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (3) The penalty for making false statements is prescribed in the US, Criminal Code, 18 U.S.C. 1001, (c) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees maybe employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92.473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business; (1)Appreatiees, student -learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 45]] (2)(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student -learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will issue certifzcatcs under the Service Contract Act for the employment of apprentices, student -learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by tho applioablo regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525), I (4) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in parts 525 and 528 of title 29 of the Code of Federal Regulations. (p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed, and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training,Employment p yment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for thejourneyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate ercenta e of the Joume yman's rata contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the Contract/IDSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. (q) Where an employee engaged in, an occupation in which he or she aastomarily and regularly receives more than $30 a month in tips, the arnount of tips received by the employee may be Page 7of8