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Construction Services Agreement REV: 04-26-2021 PR 00 5205 - 37 a) The Fair Labor Standards Act requires compensation at the rate of one and one-half times the basic hourly rate of pay, for all hours worked in excess of forty (40) hours in any workweek. b) Additionally, on those projects subject to the provisions of the Contract Work Hours and Safety Standards Act, no contractor or subcontractor shall require or permit any laborer or mechanic in any workweek in which he is employed on such work, to work in excess of eight (8) hours in any calendar day, or in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day, or in excess of forty (40) hours in such workweek, whichever is greater. In the event of violations, the contractor or subcontractor shall be liable to any affected employee for his unpaid wages as well as to the United States for liquidated damages. Liquidated damages will be computed at the rate of $10 per day, per violation. No ten (10) hour day, four day week; two hours each day are subject to overtime. 9. Definitions - The following definitions are contained in the DOL regulations and shall be observed for the purpose of labor standards administration and enforcement throughout the course of this work. a) The term "construction" means all types of work done on a particular building or work at the site thereof; or under the United States Housing Act of 1937 and the Housing Act of 1949, in the construction or development of the project. This includes, and is not limited to, altering, remodeling, painting and decorating; the transporting of materials and supplies to or from the building or work; the manufacturing or furnishing of materials and supplies to or from the building or work; the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work, and any cleaning and preparation which is performed pursuant to the construction contract and is prerequisite to the final acceptance of the completed work. b) The terms "laborer" and "mechanic" includes at least those workers whose duties are manual or physical in nature (including those who use tools or who are performing the work of a trade), as distinguished from mental or managerial. c) The term “employee” means every person performing the duties of a laborer or mechanic in the construction of the project is "employed" regardless of any contractual relationship alleged to exist between the contractor and such person. Furthermore, every person paid by a contractor or subcontractor in any manner for his labor in the construction of the project is "employed" and receiving "wages" regardless of any contractual relationship alleged to exist between him and the real employee.