B-156848, JUN. 8, 1965

B-156848: Jun 8, 1965

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INC.: REFERENCE IS MADE TO YOUR LETTER OF MAY 18. THE FAIR LABOR STANDARDS ACT IS A STATUTE OF GENERAL APPLICATION. IT WOULD APPEAR THAT RESOLUTION OF YOUR DISAGREEMENT WITH THE DEPARTMENT OF LABOR OVER THE COVERAGE OF WORK UNDER YOUR CONTRACT IS NOT DEPENDENT SOLELY UPON THE TERMS AGREED TO THEREIN. IT IS NOT A FUNCTION OF OUR OFFICE TO MAKE DETERMINATIONS OF THIS NATURE.

B-156848, JUN. 8, 1965

TO FRED A. ARNOLD, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 18, 1965, REQUESTING A RULING CONCERNING APPLICABILITY OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C. 201, TO CERTAIN WORK BEING PERFORMED BY YOUR COMPANY AT ROBINS AIR FORCE BASE, GEORGIA, UNDER CONTRACT AF-/603/50303.

THE FAIR LABOR STANDARDS ACT IS A STATUTE OF GENERAL APPLICATION, DESIGNED TO CORRECT AND ELIMINATE CERTAIN DETRIMENTAL LABOR CONDITIONS "IN INDUSTRIES ENGAGED IN COMMERCE OR IN THE PRODUCTION OF GOODS FOR COMMERCE," AND TO REQUIRE OBSERVANCE OF PERTINENT MINIMUM WAGE AND HOURS OF WORK CONDITIONS INDEPENDENTLY OF INDIVIDUAL CONTRACT COMMITMENT. VIEW THEREOF, IT WOULD APPEAR THAT RESOLUTION OF YOUR DISAGREEMENT WITH THE DEPARTMENT OF LABOR OVER THE COVERAGE OF WORK UNDER YOUR CONTRACT IS NOT DEPENDENT SOLELY UPON THE TERMS AGREED TO THEREIN, BUT ALSO UPON THE STATUS OF THE WORK COVERED BY YOUR CONTRACT. IT IS NOT A FUNCTION OF OUR OFFICE TO MAKE DETERMINATIONS OF THIS NATURE, AND WE THEREFORE SUGGEST THAT THE ADMINISTRATIVE AND JUDICIAL PROCEDURES ESTABLISHED BY THE STATUTE ITSELF BE FOLLOWED IN ATTEMPTING TO RESOLVE YOUR DISAGREEMENT WITH THE DEPARTMENT. SEE 29 U.S.C. 201, ET SEQ. ..END :