Contractors and subcontractors under contracts subject to the Act
are required to comply with its compensation requirements throughout the
period of performance on the contract and to do so with respect to all
employees who in any workweek are engaged in performing work on such
contracts. If such a contractor during any workweek is not exclusively
engaged in performing such contracts, or if while so engaged it has
employees who spend a portion but not all of their worktime in the
workweek in performing work on such contracts, it is necessary for the
contractor to identify accurately in its records, or by other means,
those periods in each such workweek when the contractor and each such
employee performed work on such contracts. In cases where contractors
are not exclusively engaged in Government contract work, and there are
adequate records segregating the periods in which work was performed on
contracts subject to the Act from periods in which other work was
performed, the compensation specified under the Act need not be paid for
hours spent on non-contract work. However, in the absence of records
adequately segregating non-
covered work from the work performed on or in connection with the
contract, all employees working in the establishment or department where
such covered work is performed shall be presumed to have worked on or in
connection with the contract during the period of its performance,
unless affirmative proof establishing the contrary is presented.
Similarly, in the absence of such records, an employee performing any
work on or in connection with the contract in a workweek shall be
presumed to have continued to perform such work throughout the workweek,
unless affirmative proof establishing the contrary is presented. Even
where a contractor can segregate Government from non-Government work, it
is necessary that the contractor comply with the requirements of section
6(e) of the FLSA discussed in Sec. 4.160.
