Term -Laborers or mechanics

Laborers or mechanics.–
    (1) Means–
      
    (i) Workers, utilized by a contractor or
subcontractor at any tier, whose duties are manual or physical in
nature (including those workers who use tools or who are performing the
work of a trade), as distinguished from mental or managerial;
       
    (ii) Apprentices, trainees, helpers,
and, in the case of contracts subject to the Contract Work Hours and
Safety Standards Act, watchmen and guards;
       
    (iii) Working foremen who devote more
than 20 percent of their time during a workweek performing duties of a
laborer or mechanic, and who do not meet the criteria of 29 CFR part
541, for the time so spent; and
       
    (iv) Every person performing the duties
of a laborer or mechanic, regardless of any contractual relationship
alleged to exist between the contractor and those individuals; and
    (2) Does not include workers whose
duties are primarily executive, supervisory (except as provided in
paragraph (1)(iii) of this definition), administrative, or clerical,
rather than manual. Persons employed in a bona fide executive,
administrative, or professional capacity as defined in 29 CFR part 541
are not deemed to be laborers or mechanics.

    “Public building or public work” means
building or work, the construction, prosecution, completion, or repair
of which, as defined in this section, is carried on directly by authority
of, or with funds of, a Federal agency to serve the interest of the
general public regardless of whether title thereof is in a Federal
agency.

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