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US Department of Labor Issues Directive Promoting Effective Enforcement to Advance Equal Employment Opportunity, Greater Compliance 

Agency Office of Federal Contract Compliance Programs
Date March 31, 2022
Release Number 22-587-NAT

‘Effective Compliance Evaluations and Enforcement’ directive updates guidance on the agency’s compliance evaluation policies, expectations for federal contractors

WASHINGTON – The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs has issued a directive to promote effective enforcement and greater federal contractor compliance with equal employment opportunity laws.

As part of its enforcement efforts, OFCCP conducts compliance evaluations of federal contractors to identify and remedy systemic barriers to opportunity and promote compliance. The directive issued today – DIR 2022-02: “Effective Compliance Evaluations and Enforcement” – provides updated guidance on the agency’s compliance evaluation policies and expectations for contractors.

The directive will strengthen the agency’s compliance evaluations and reduce delays by promoting the timely exchange of information. It also explains OFCCP’s updated policies regarding its scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors and eliminating scheduling delays.

“The directive we issued today will enhance our ability to use strategic enforcement to help more workers,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang. “By providing transparency and clarity on OFCCP’s policies and expectations, the directive will foster consistent accountability and avoid delay in compliance evaluations. It will also promote a proactive approach to compliance by federal contractors.”

“OFCCP is committed to regular and open communication with federal contractors to discuss any concerns identified and to facilitate a prompt and successful resolution of compliance reviews,” added Yang.

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If construction firms need workers, they should turn to unions

Mark Ziegler
MARCH 30, 2022

Competition is the foundation of our free enterprise system.

Just as business success requires an ability to compete for customers, it also depends on attracting and retaining qualified workers.

As COVID 19 has disrupted just about every industry that relies on in-person or face-to-face work, there have been plenty of complaints about “labor shortages.” But not nearly enough discussion about what it takes to compete for labor.

Construction is the fastest growing sector of our state’s economy. For the past 40 years I have worked in the industry and am the former president of Amerect, Inc. We specialize in the erection of structural steel and precast concrete for commercial and industrial buildings. It is highly skilled and physically demanding work that must be done in person.

Our company’s success is largely driven by our partnership with union ironworkers, operating engineers and their hiring halls across the state and country. …

Often, I’ll ask if they are parties to a collective bargaining agreement with the trade unions who supply us with the craft workers we use on our projects.

Very often, the answer is no.

Yes, union construction workers earn higher wages, and most have health and retirement benefits.

They also complete years of apprenticeship training to learn their craft with the highest standards of safety and productivity. This training is funded exclusively by union members and signatory contractors through hourly contributions to the joint apprenticeship fund. These joint apprenticeship programs produce 10 times the skilled trade workers in Minnesota as non-union programs, despite having nowhere near that level of overall market share.

In the union construction model, pay rates, working conditions and apprenticeship funding is privately negotiated between unions and individual employers or groups of employers.

In exchange for a per-hour investment in workers — whose unions also take on the cost of administering health and pension programs — employers receive a steady labor supply. We get access to the specific skills and documented certifications we need, when we need them — whether it’s heavy equipment operators, truck drivers, structural and reinforcing ironworkers or carpenters.

The non-union side of the industry operates very differently. There’s no comparable financing mechanism for recruiting and training apprentices. A recent study revealed that workers earn as much as 32% less and are half as likely to have health insurance or retirement benefits. Nearly 13% rely on food stamps — effectively a government subsidy of low-wage construction employers.

Ultimately, lower wages attract workers with lower skill levels. And research has shown these factors can contribute to lower productivity, more safety problems on the jobsite, and costly problems with employee turnover and craftsmanship. This is a major reason why researchers have concluded there is no real difference in cost between projects built by union or non-union construction workers.

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U.S. Department of Labor’s Wage and Hour Division publishes NPRM to update the Davis-Bacon and Related Acts

On March 18, 2022, the Department published a notice of proposed rulemaking (NPRM), Updating the Davis-Bacon and Related Acts Regulations in the Federal Register.

Publication of the NPRM in the Federal Register begins the comment period that will be open for 60 days and closes on May 17, 2022. Anyone who submits a comment (including duplicate comments) should understand and expect that the comment will become a matter of public record and will be posted without change to www.regulations.gov, including any personal information provided.

Submit a Comment

The Wage and Hour Division (WHD) posts comments gathered and submitted by a third-party organization as a group under a single document ID number on www.regulations.gov. All comments must be received by 11:59 p.m. on May 17, 2022, for consideration in this rulemaking; comments received after the comment period closes will not be considered. Comments and data may be submitted online or by mail.

Submit a Comment

Address written submissions to: Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, DC 20210.

For more information on the Notice of Proposed Rulemaking, Updating the Davis-Bacon and Related Acts Regulations, visit www.regulations.gov, contact the Wage and Hour Division or call toll-free 1-866-4US-WAGE.

Baltimore increases prevailing wage for construction trades

By: Daily Record Staff
March 18, 2022

Baltimore Mayor Brandon Scott and members of the Board of Estimates (BOE) approved an increase in the city’s prevailing wage for workers in the construction trades.

The increase would boost the base rate for laborers from $8 per hour to $22 per hour, totaling an approximate rate of $43,000 annually. The Prevailing Wages for Workers Under Construction Contracts law, among other things, requires workers to be paid regularly and no less than the approved prevailing wage.

This decision comes after the Baltimore City Wage Commission, housed within the Office of Equity and Civil Rights (OECR), reviewed the 2021 wage rates – and years prior – compared to wages for similar trades in surrounding jurisdictions.

This process was guided by an equitable lens, in line with Scott’s commitment to leveling the playing field in Baltimore, even for the city’s most overlooked workers. As a result, it was determined that the rates for laborers needed to be significantly increased.

This increase pertains to Baltimore construction contracts with a minimum value of $5,000 and applies to laborers, mechanics and apprentices working in all construction trades. The Baltimore City prevailing wage law can be found in the Baltimore City Charter, Article 5, Subtitle 25.

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USDOL’S Wage and Hour Division Announces Priority of Protecting Workers from Retaliation

March 16, 2022
JD Supra

On March 10, 2022, the U.S. Department of Labor’s Wage and Hour Division (which enforces the Fair Labor Standards Act, the Family and Medical Leave Act and other federal wage and hour laws) announced that one of its top enforcement priorities is to protect workers from retaliation for exercising their rights. The USDOL launched an anti-retaliation page on its web site and published a Field Assistance Bulletin on the subject of retaliation.

In the Field Assistance Bulletin, the USDOL reiterated that both internal complaints to an employer as well as external complaints to the Wage and Hour Division or to a court are protected activities. An employee is protected from retaliation even if the employee’s internal or external complaint is determined to be without merit. The penalties for unlawful retaliation can include reinstatement (if the employee was discharged), injunctive relief (such as removal of a disciplinary memo from the employee’s file), back pay and an amount equal to the back pay owed as liquidated damages

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Michigan restores prevailing wage for state construction projects beginning Tuesday

By: Ryan Jeltema
Mar 1, 2022

LANSING, Mich. (WJRT) – State construction projects must pay the prevailing wage beginning Tuesday.

Gov. Gretchen Whitmer reinstated prevailing wage for Michigan in October and the change officially took effect Tuesday. She said prevailing wage will increase pay for construction workers statewide.

“Reinstating prevailing wage for state construction projects puts working people first and helps us build high-quality, cost-effective infrastructure with the right mix and materials,” said Whitmer.

Prevailing wage must be paid on any construction project funded with state money, including road work, replacing lead water pipes, expanding high-speed internet service and installing electric vehicle charging stations.

“Good-paying jobs are the foundation of a strong middle class and state construction contracts must not be the exception,” Whitmer said.

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Workforce Development’s Role in Building the Infrastructure Labor Force

Feb. 25, 2022
Marina Zhavoronkova, Center for American Progress

Construction and other industries supported by the new federal infrastructure law face labor shortages. Workforce development systems can help narrow that gap by supporting efforts to bring in women and workers of color.

The bipartisan Infrastructure Investment and Jobs Act (IIJA) is injecting $1.2 trillion toward repairing America’s crumbling transportation system, ensuring access to clean water, connecting people to high-speed broadband and more. But as infrastructure funding starts to trickle down to cities and states, it will take a skilled and diverse workforce to ensure that the law’s extraordinary potential becomes a reality.

The government-funded workforce development system, authorized by the Workforce Innovation and Opportunity Act (WIOA), is a network of federal, state and local organizations and agencies that connect employers and job-seekers to education and training opportunities and to each other. The system must leverage its expertise and positioning to support the talent and diversity demands of the infrastructure law. Industries supported by the legislation, such as construction, are facing significant labor shortages. They also have historically excluded segments of the labor market such as women and communities of color, groups that recent jobs data show are still bearing the brunt of the economic fallout from the COVID-19 pandemic.

The majority of the construction jobs funded by the IIJA will be subject to Davis-Bacon Act protections, which will ensure that workers are paid a prevailing wage and have access to workplace protections. While workforce development is not the sole solution to systemic inequities in the labor market, it has the potential to create an ecosystem in which those problems are not perpetuated and, in doing so, connect job-seekers to good jobs — those that pay well and provide benefits — and help employers meet their labor needs.

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Allentown passes ‘responsible contractor ordinance’

Steve Althouse | Feb 16, 2022
Updated Feb 24, 2022

ALLENTOWN, Pa. – Allentown City Council approved an ordinance requiring contractors meet additional requirements to work on city projects Wednesday night. The vote was 4-3.

The ordinance requires, among other things, firms to provide proof that subcontractors participate in a class A apprenticeship program in their respective field.

Approval was granted after a debate by councilmembers, along with contractors and construction company owners, during the public comment session of Wednesday’s well-attended meeting. …

The responsible contractor ordinance stipulates that a contractor attempting to secure city building contracts greater than $100,000 offer class A apprenticeship programs. The program must conform to U.S. Department of Labor standards.

In addition, contractors “must make every effort to employ persons residing within the Lehigh Valley,” and in no event shall less than 80% of the labor force working on the project be Lehigh Valley residents on any project worth more than $25,000.

A contractor must also pay all craft employees the current wage rate and fringe benefits required by federal, state and local governments.

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Department of Labor plans increase in wage-and-hour team

By: Mass. Lawyers Weekly Staff
February 22, 2022

The U.S. Department of Labor is seeking to hire 100 investigators in its Wage and Hour Division to step up its enforcement efforts, including the protection of workers’ wages, migrant and seasonal workers, rights to family and medical leave, and prevailing wage requirements for workers on federal contracts.

Investigators’ responsibilities include:

  • Conducting investigations to determine if employers are paying workers and affording them their rights under federal law.
  • Helping ensure that employers who are following the law are not undercut by employers who violate the law.
  • Promoting compliance through outreach and public education initiatives.
  • Supporting efforts to combat worker retaliation and worker misclassification as independent contractors.

“Adding 100 investigators to our team is an important step in the right direction,” said Acting Wage and Hour Administrator Jessica Looman. “We anticipate significantly more hiring activity later in fiscal year 2022. While appropriations will determine our course of action, we are optimistic we will be able to bring new talented professionals onboard to expand our diverse team.”

In fiscal year 2021, the Wage and Hour Division collected $230 million in wages owed to 190,000 workers. Division representatives also conducted 4,700 outreach events to educate employers and workers about their workplace rights and responsibilities.

The uptick in hiring is in sync with the Biden administration’s focus on employees’ rights.

The types of violations the Wage and Hour Division looks out for include failure to follow local, state or federal minimum wage laws; failure to pay overtime; tip theft; failure to allow breaks; and failure to allow unpaid, job-protected leave after having a baby or for a medical condition, which the Family and Medical Leave Act mandates.

These violations disproportionately affect essential workers and immigrant workers, according to the DOL. Industries that tend to have more violations include food service, retail and construction.

(See Article)

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San Diego County adopts prevailing wage policy for projects on county land

BY DEBORAH SULLIVAN BRENNAN
FEB. 17, 2022 5 AM PT

San Diego — Construction projects on county land must use skilled, trained workers and pay them prevailing wages, the Board of Supervisors decided in a split vote last week. Supervisors Jim Desmond and Joel Anderson, the two Republicans on the board, opposed the measure, while Democratic Supervisors Nathan Fletcher, Terra Lawson-Remer and Nora Vargas voted in favor.

Prevailing wages are set by the state to establish pay and benefits for public works projects based on compensation rates for similar work in the same area. The federal government and the state of California set prevailing wages on public projects under their jurisdiction, as do some local governments including the city of San Diego.

The county’s action, called the Working Families Ordinance, requires contractors for construction projects on county land to use skilled, trained workers and pay prevailing wages on projects over $1 million. It also requires employers on county-leased land to provide paid sick leave and to ensure worker protections against retaliation and discrimination.

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