Employee means every laborer or mechanic under the Act regardless of the contractual relationship which may be alleged to exist between the laborer and mechanic and the contractor or subcontractor who engaged him. Laborer and mechanic are not defined in the Act, but the identical terms are used in the Davis-Bacon Act (40 U.S.C. 276a), which provides for minimum wage protection on Federal and federally assisted construction contracts. The use of the same term in a statute which often applies concurrently with section 107 of the Act has considerable precedential value in ascertaining the meaning of laborer and mechanic as used in the Act.Laborergenerally means one who performs manual labor or who labors at an occupation requiring physical strength;mechanicgenerally means a worker skilled with tools. See 18 Comp. Gen. 341.


29 CFR § 1926.32

Scoping language

The following definitions shall apply in the application of the regulations in this part:

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