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Investigation Procedures Under SCA/FLSA/CWHSSA

Investigation Procedures Under SCA/FLSA/CWHSSA. Overview. SCA Labor Standards/Contract Stipulations Initial Steps in Conducting an Investigation Determining Compliance Conclusion of Investigation. SCA Labor Standards. Contract Stipulations:

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Investigation Procedures Under SCA/FLSA/CWHSSA

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  1. Investigation ProceduresUnder SCA/FLSA/CWHSSA

  2. Overview • SCA Labor Standards/Contract Stipulations • Initial Steps in Conducting an Investigation • Determining Compliance • Conclusion of Investigation

  3. SCA Labor Standards • Contract Stipulations: • Prevailing wages to be paid to various classes of service employees • Fringe benefits to be furnished • Safety and health provisions • Notice of required compensation to be furnished to employees

  4. Authority and Reasons for SCA Investigations • DOL has sole enforcement authority under SCA • WHD may conduct investigations for a number of reasons • Reason is not disclosable • Many are initiated by complaints • Complaints are confidential

  5. Compliance Issues • An investigation will generally identify and examine the following issues: • Are SCA stipulations included in contract? • Does contract have correct WD? • Are the SCA poster and WD, including any conformance actions, posted at the site or made available to employees? • Does WD contain necessary classifications?

  6. Compliance Issues (cont’d) • More investigation issues: • Is a conformance necessary? • Are employees properly classified? • Are fringe benefits being properly paid? • Is “overtime” correctly paid under the FLSA or CWHSSA, if appropriate? • Has employer kept accurate payroll records?

  7. Initial Employer Contact • Initiate contact with employer • Obtain: • Legal name and trade name of employer • Officers (Name and Title) • Full address • Federal tax identification number (FEIN) • Information on firm (size, dollar volume, etc.)

  8. Initial Employer Contact (cont’d.) • Inform employer of investigation: • Scope of investigation • Examine payroll records • Conduct employee interviews • Inspect job site

  9. Examine Payroll Records(29 C.F.R. §§ 4.6(g), 4.185) • Contractor and each subcontractor must maintain for each employee for 3 years: • Name, address and social security number • Work classification, wages and benefits • Daily/weekly compensation and hours worked, and any payroll deductions • Length of service list of the predecessor contractor

  10. Employee Interviews • Are essential to the investigation • Information provided is confidential • Interview Statement should contain: • Place and date of interview • Name and address of employer/employee • Employment status and classification • Alleged violations

  11. Conclusion of Investigation • Inform contractor of investigation findings • Detail steps to eliminate violations • Consider additional evidence • Request payment of back wages • Notify contracting agency of any liquidated damages under the CWHSSA

  12. Withholding of funds(29 C.F.R. §§ 4.6(i) & 4.187) • May be necessary to recover back wages • Government may also institute court action against contractor, or its surety, to recover wage and fringe benefit underpayments • Subcontractor’s failure to make restitution becomes prime contractor’s responsibility • Contractor will be notified in writing • Wage claims have priority

  13. Debarment(41 U.S.C. § 354; 29 C.F.R. § 4.188) • Any person or firm found to have violated the SCA may be ineligible to receive further contracts for three years • Unless finding of “unusual circumstances” - burden is on contractor to establish • GSA's Excluded Parties List System (EPLS) reflects debarred firms by name/address

  14. Hearing Process(29 C.F.R. Part 6) • Complaint filed by WHD with DOL’s Administrative Law Judge (ALJ) when a contractor: • Fails to pay back wages, or • Refuses to agree to future compliance, or • Debarment is recommended

  15. Hearing Process (cont’d.) • Contractor served with copy of complaint • Office of the Chief ALJ responsible for scheduling of administrative hearings • ALJ decisions may be appealed (within 40 days) to the Administrative Review Board, which makes final agency rulings

  16. Administrative Review Board (29C.F.R. Part 8) • Members appointed by Secretary of Labor • Hears appeals of ALJ decisions • Acts on petitions to review final rulings of WHD Administrator: • 60 days on coverage & interpretations • 20 days on WD matters • Proceeding may be an oral hearing or by review of record in closed session

  17. Disclaimer • This presentation is intended as general information only and does not carry the force of legal opinion. • The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.

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