What Records Must Be Provided to the Department of Labor?

From restaurants in New York to childcare providers in Arkansas to the garment industry in Southern California, Department of Labor investigators continue to uncover FLSA violations by conducting unannounced workplace inspections.

Section 11(a) of the FLSA specifically authorizes representatives of the Department of Labor to investigate and gather data concerning wages, hours, and other employment practices:

The inspector may review documents showing the employer’s annual dollar volume of business transactions, involvement in interstate commerce, and/or work on government contracts.  Those documents are inspected to determine if the employer is a covered enterprise under the FLSA, or if the employees are protected by the FLSA because their work involves them in interstate commerce.

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Anointed Cleaners LLC Employees Paid Nearly $17,000 in Back Wages, Benefits Following US Labor Department Investigation

The U.S. Department of Labor has recovered $16,963 in back wages for 13 employees of Anointed Cleaners LLC who were performing cleanup work on the Westlawn housing construction project in Milwaukee. An investigation by the department’s Wage and Hour Division found that the subcontractor violated provisions of the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act.

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Bi-Partisan Bill by State Senators to Require Prevailing Wage Jobs in California Charter Cities

Senate President pro Tempore Darrell Steinberg (D-Sacramento) and Senator Anthony Cannella (R-Ceres) will co-author a measure on prevailing wage to increase middle-class jobs, sustain a skilled workforce, and ensure cost efficient and high quality public works projects.

“Continuing California’s economic growth depends on creating more middle class jobs, especially in the construction industry that was hit so hard during the Great Recession,” said Steinberg. “Low wage contractors cut costs by cutting corners, but the data shows that they’re not saving public money. We can’t afford to shortchange workers and taxpayers by ignoring the economic net benefit of California’s prevailing wage law.”

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Board of Education Approves Wage Adjustments for School Renovation

The Board of Education approved a $254,557 change order to rectify payment to First Team Construction for wages paid on a project funded by a federal Qualified School Construction Bond.

Because the project is using a $5 million federal Qualified School Construction Bond, contractors must pay employees in accordance with the Davis-Bacon Act. The act provides a specified wage index for on-site construction workers that was not being followed, due in-part to oversight and unfamiliarity with federal construction bonds, CFO Lisa Dickerson told the BOE in November when it was first made aware of the issue.

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(DOL Memorandum No. 208)

15th Annual NAFC Conference – San Diego, CA

Sign Up Now for the 15th Annual NAFC Conference – Oct. 9-11, 2013 – Hilton Bayfront Hotel, San Diego, CA

NAFC will once again join with the Center for Contract Compliance (CCC) of Southern California to co-sponsor this years conference in sunny San Diego, CA. The conference will be held at the Hilton Bayfront Hotel in downtown San Diego, just steps away from the ballpark, dining and entertainment. NAFC Chairman Rocco Davis and CCC Director Jim Reed are excited to be hosting this conference in their home state and planning on making this event our most successful to date.

At the conference, you will have an opportunity to meet individuals who work in compliance from all across the country. You will also have a chance to hear industry leaders speak on local and national issues that affect wage compliance and enforcement and be able to attend educational workshops on the industry’s most up-to-date techniques, methods and news. Register now to reserve your spot at the Annual NAFC Conference.

2013 NAFC Conference Registration Form

 

Agreement to Reduce Misclassification of Employees as Independent Contractors

US Labor Department, Iowa Workforce Development Sign Agreement to Reduce Misclassification of Employees as Independent Contractors

Officials of the U.S. Department of Labor’s Wage and Hour Division and Iowa Workforce Development today signed a memorandum of understanding to protect the rights of employees by preventing their misclassification as independent contractors by employers.

“This memorandum of understanding sends a clear message: We’re standing united to end the practice of misclassifying employees,” said Mary Beth Maxwell, acting deputy administrator of the Wage and Hour Division,”This is an important step toward making sure that the American dream is still available for employees and responsible employers alike.”

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