U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
Wage and Hour Division
WASHINGTON, D. C. 20210
August 30, 1976
MEMORANDUM NO. 125
TO: ALL GOVERNMENT CONTRACTING AGENCIES OF THE FEDERAL
GOVERNMENT AND THE DISTRICT OF COLUMBIA
SUBJECT: REPORTING AND PAY REQUIREMENTS FOR SUBCONTRACTORS WHO ARE
THEMSELVES PERFORMING THE WORK OF LABORERS AND MECHANICS
Memorandum No. 123 on this subject was issued on May 19, 1976, to
provide guidance to the contracting agencies in carrying out their
enforcement responsibilities under Reorganization Plan No. 14. A
series of questions have been raised concerning this memorandum,
particularly with respect to its discussion of overtime and record-
keeping. Accordingly, Memorandum No. 123 is withdrawn effective 
immediately. 
This office is carefully reviewing the contents of Memorandum No.
123, together with related materials, in preparing a new memorandum
to provide enforcement guidance in this area.
In the meantime, contracting agencies are again reminded that obli-
gations for payment of predetermined wages for laborers and mechanics
under the Davis-Bacon Act must be met ". . . regardless of any con-
tractual relationship which may be alleged to exist between the con-
tractor or subcontractor and such laborers and mechanics. . . ."
Warren D. Landis
Deputy Administrator 
EXECUTIVE OFFICE
PROCUREMENT & SUPPLY
ENGINEERING DIV
CONSTRUCTION DIV
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