Labor Standards Training

1. Labor Standards Training US Department of HUD Office of Labor Relations

2. Contact Information United States Department of Housing and Urban Development Midwest Regional Office of Labor Relations 77 West Jackson Blvd, Room 2307 Chicago, IL 60604 www.hud.gov Deborah Diez Labor Relations Michigan Specialist (Chicago Regional Office) (312) 913-8127 deborah.a.diez@hud.gov Roxanne Volkmann Labor Relations Illinois Specialist (Chicago Regional Office) (312) 913-8438 roxanne.volkmann@hud.gov

3. U.S. Housing Act of 1937,as amended, Section 12(a) • U.S. Housing Act of 1937, Sec. 12a, • (42 U.S.C. 1437j) • ….not less than the wages prevailing in the locality, as determined or adopted…by the Secretary, shall be paid to…all maintenance laborers and mechanics employed in the operation of the low-income housing project involved...

4. Davis-Bacon Act • Enacted 1931, amended 1935 & 1964 • Federal construction contracts >$2,000 • Sets minimum hourly wage rates for workers • The Act is “site-based” • Includes alteration, repair, painting & decorating

5. Davis-Bacon Act • Applies to all laborers & mechanics (workers whose duties are manual or physical in nature including those workers who use tools or who are performing work of a trade, as distinguished from mental or managerial duties). • Requires payment of  prevailing wages • Requires weekly payment of wages

6. DB Related Acts • Community Development Block Grants • HOME • Public Housing • Tribally-Designated Housing Authorities • FHA Multi-Family Housing

7. Contract Work Hours and Safety Standards Act (CWHSSA) • Enacted 1962 • Requires overtime at 1½ times the basic hourly rate of pay for all work 40 hrs/week • Applies to contracts $100,000 • Liquidated damages apply to violations ($10 per day, per violation)

8. Copeland Act • Enacted 1934, regulates deductions from wages • Prohibits “kick-backs” of pay • Requires submission of certified weekly payrolls and accompanying signed Statement of Compliance

9. PHA Factors of Applicability For properties subject to a conventional Annual Contributions Contract, construction, rehabilitation, and maintenance work are covered by some type of prevailing wage to all maintenance laborers and mechanics engaged in the operation of low-income housing projects (Section 12(a) of the US Housing Act of 1937).

10. PHA Factors of Applicability • Routine Maintenance • Non-Routine Maintenance • Development (Davis-Bacon)

11. Routine Maintenance • Work that involves the regular upkeep and preservation of buildings, grounds, and facilities • Routine maintenance wage rates are determined or adopted by HUD • Applicable to all laborers and mechanics engaged in covered work, including force account, contractors, temporaries, residents

12. Routine Maintenance Determining the Wage Rates • Agencies collect local wage data and submit HUD 4750 to Labor Relations Specialist on an annual basis • Labor Relations reviews and works with HA to determine the Maintenance Wage Rate Determination • A HUD 52158 is issued for all work classifications (force account and anticipated contracts)

13. Maintenance Wage Rate Determination HUD 52158

14. Maintenance Wage Rate Determination HUD 52158 (Cont’d)

15. Posting Requirements-Routine and Non-Routine Maintenance • 52158 - In employee common area (lunch room, office, etc) • 52158 - Incorporate into routine maintenance contracts

16. Non-Routine Maintenance • Work items that ordinarily would be performed on a regular basis in the course of upkeep of a property…but have become substantial in scope because they have been put off

17. Non-Routine Maintenance • Involves expenditures that would otherwise materially distort the level trend of maintenance expenses • Includes the replacement of equipment and materials rendered unsatisfactory because of normal wear and tear by items of substantially the same kind

18. CONTRACT ADMINISTRATIONRoutine & Non-Routine Maintenance Work Each Maintenance contract MUST incorporate: • Current, appropriate wage decision and Federal Labor Standards provision applicable to work being done. • Federal LS HUD 5370-C (General conditions for Non-construction contracts-HUD determined) • Non-construction contracts (without maintenance) greater than $100,000 – Use Section I • Maintenance contracts (including non-routine maintenance) over $2,000 but not more than $100,000–Use Section II • Maintenance contracts (including non-routine maintenance) greater than $100,000 – Use Section I and II

19. CONTRACT ADMINISTRATION Exclusions from HUD-Determined requirements Certain professional services are excluded from HUD-determined wage requirements • Periodic inspections or testing of equipment • Testing for lead-based paint • Pest control • Installation, service or maintenance of leased equipment, fixtures or appliances

20. Development (Davis-Bacon) • New construction • Reconstruction • A substantial improvement in the quality or kind or original equipment and materials • Remodeling that alters the nature or type of housing units falls within the purview of “development” (24 CFR 968.203)

21. DEVELOPMENT WAGE RATES • DB wages determined by DOL • Agency gets DB rates on-line or from HUD OLR • Applicable to all laborers and mechanics engaged in covered work, including force account, contractors, temporaries, residents • CWHSSA applies to contractors after 40 hours

22. CONTRACT ADMINISTRATION Development Work (Construction) • Each covered DB contract for construction, alteration, or repair work MUST incorporate: • Current, appropriate wage decision and Federal Labor Standards provision applicable to work being done. • Appropriate modification or superseded wage decision • Federal labor standards clauses • HUD-5370 PHA Programs – Contracts greater than $100,000 • HUD-5370-EZ Contracts greater than $2,000 but not more than $100,000

23. PHAs ARE REQUIRED TO …(Routine and Non-Routine Maintenance) • Ensure ALL maintenance laborers and mechanics are paid a prevailing wage • Create and maintain documents demonstrating compliance • Ensure permissible deductions as allowed by law or regulation • Conduct employee interviews (HUD-11) • Comply with Labor Relations Letter LR 2004-01

24. Posting Requirements-Development • Wage Decision or Project Wage Rate Sheet (HUD-4720) • Any Additional Classifications (HUD-4230A) • The Employees Rights under the Davis-Bacon Act (WH-1321)

25. DAVIS-BACONWAGE DECISIONS A Davis-Bacon Wage Decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing in those classifications

26. DAVIS-BACON WAGE DECISION BASICS • Must be incorporated in prime contracts & sub-contracts • Identifies work classifications, basic hourly wages, fringe benefits • Must be posted at the job site • May be modified periodically • Published for 4 types of construction

27. CHARACTER OF CONSTRUCTION RESIDENTIAL • Single family houses, townhouses • Apartment buildings less than 5 stories BUILDING • Sheltered enclosures for the purpose of housing persons, machinery, and equipment • Apartment buildings more than 4 stories • Commercial buildings

28. CHARACTER OF CONSTRUCTION HIGHWAY • Roads • Highways • Sidewalks • Parking areas • Other paving work not incidental to other construction HEAVY • Projects which cannot be classified as Building, Residential, or Highway

29. OBTAINING DB-WAGE DECISIONS • Go On-line at: www.wdol.gov • NEW – DOL renumbered wage decisions effective January 6, 2012. • Contact your HUD Labor Relations Specialist

30. <- WD Number <- Construction Type <- Counties <- Description Mod Number & Publish Date

31. CLASSIFICATION RATE FRINGES

32. WAGE DECISION “LOCK-IN”COMPETITIVELY BID CONTRACTS • Lock-in at bid opening provided contract is awarded within 90 days • Must update wage decision if contract is awarded more than 90 days after bid opening • Modifications published days before bid opening are applicable if there is sufficient time to notify bidders (10 days no longer applicable with online access)

33. Contractor Eligibility (DB) • Verify prime contractor eligibility against GSA Debarred List www.sam.gov • Make record of verification to contract file

34. Certified Weekly Payrolls

35. Payroll Form WH-347

36. Reviews of Certified Payrolls • Name of employee. Address and SSN are no longer required on CPR but must be on file and available upon request. • Properly classified according to the work performed • Established work week • Hours worked each week • Gross wages and net wages properly calculated • “Other” deductions • Overtime computed properly • Statement of Compliance – Authorized Original Signature

37. Reviews of Certified PayrollsTypical Errors • Classification Errors • Copy or Fax Statement of Compliance • Inadequate or Incomplete Payroll Information • Missing Addresses and SSN • One Statement of Compliance for Multiple Work Weeks • Other Deductions • Ratio of Laborers to Mechanics • Unauthorized Signature on Statement of Compliance

38. EMPLOYEE INTERVIEWS – HUD-11 • Contractors must permit interviews • Interviews may be performed at random • Interviews are confidential • Interviews must be checked against payrolls

39. Fringe Benefits • Can include health and life insurance premiums, retirement/pension contributions, vacation irrevocably made to a trustee or third party pursuant to bona fide fringe benefits fund, plan, or program. • May be paid directly to worker • Do not include employer payments or contributions required by Federal, State or local laws (i.e., the employer’s contribution to Social Security, workers’ compensation insurance, etc.)

40. Fringe Benefits • Prevailing wage requirements may be met by any combination of cash wages and creditable “bona fide” fringe benefits provided by the employer. • May be paid entirely as cash wages • Payments made or costs incurred by the contractor for “bona fide” fringe benefits may be creditable • Combination of cash wages paid and “bona fide” fringe benefits may be used together

41. Fringe Benefits and Overtime • Under Davis-Bacon, fringe benefits must be paid for ALL hours worked, including overtime hours. However, the fringe benefit amounts may be excluded from the half-time premium due as overtime compensation.

43. Restitution

44. Restitution • Where underpayments are found, the employer will be required to pay wage restitution to the affected employees. • Must be paid promptly and in the full amounts due, less permissible and authorized deductions. • Funds may be withheld if violations are not corrected promptly • Deposit of funds may be necessary if matter is under appeal, or workers cannot be found

45. Restitution • Computing Wage Restitution • Corrected Payrolls • Contract Administrator Review • Document restitution on certified corrected payroll report • Submit 5.7 report where restitution totals $1,000 per contractor (See LR-92-02 for instructions)

46. INVESTIGATIONS • Funds may be withheld if violations are not corrected promptly • Deposit of funds may be necessary if matter is under appeal, or workers cannot be found • Administrative sanctions may be necessary • Limited Denial of Participation • Debarment

47. Work Classifications You’ll want to make sure that the work classification(s) you need are contained in the wage decision.

48. ADDITIONAL CLASSIFICATIONS • Review and discuss the wage decision with contractor early to identify missing classifications • Submit Requests immediately after contract award (HUD-4230A) • HUD will respond in writing • Post new classification & rate • Make restitution payment if necessary

49. Davis-Bacon Additional Classifications Process Form HUD-4230A Request of Additional Classification and Rate AND Employer needs to send a letter on company letterhead requesting the job classification and detailing the duties the employee will be performing

50. Community Center CD2002-24 Miami, Dade County, FL BLDG constr: rehab comm center 4/2/02 FL020001/Mod 1 HUD 4230A Electrician 22.50 4.50 Contractor, Labor Organization Do all parties agree?