1200px-DOL_WHD_logo.svg

Virtual seminar on Davis-Bacon compliance for projects receiving funding under the Bipartisan Infrastructure Law

Posted by National Alliance for Fair Contracting on

The U.S. Department of Labor’s Wage and Hour Division will offer compliance seminars for contracting agencies, contractors, unions, workers, and other stakeholders to provide information on Davis-Bacon compliance requirements for projects receiving funding under the Bipartisan Infrastructure Law.

The Bipartisan Infrastructure Law, signed by the President on November 15, 2021, creates an historic investment in our nation’s aging infrastructure. Most of the construction projects funded or assisted through the Bipartisan Infrastructure Law will be subject to Davis-Bacon prevailing wage labor standards, and construction workers on these projects must be paid at least the locally prevailing wage and fringe benefits required for the work they perform. This ensures that responsible contractors can compete for federally-funded or assisted construction contracts, and that the workers who will build our communities, ensure our safety, and improve our infrastructure receive fair wages. This seminar provides an overview of how federal funding agencies, funding recipients, and contractors can meet their Davis-Bacon obligations on projects receiving BIL funding subject to the Davis-Bacon labor standards.

Register Now

The training is the latest in the Wage and Hour Division’s ongoing efforts to increase awareness and improve compliance with federal prevailing wage requirements among employers performing work on federally funded construction or services contracts. The webinar will include an overview of the Davis-Bacon compliance requirements followed by a Q&A session. Participants will be able to submit questions in advance or during the webinar. The interactive webinar will be offered on the alternative dates of February 28 and March 1, 2022, and participants may register for either date.

While seminar attendance is free, registration is required. Participants may register at Eventbrite. Additional information, including the links to video trainings and virtual Q&A session dates, will be provided to registrants.

Register Now

For more information on Davis-Bacon compliance with Bilateral Infrastructure Law, the Davis-Bacon Act, the Service Contract Act, and other federal wage laws, please call the Department’s toll-free helpline at 1-866-4US-WAGE (487-9243) or visit dol.gov/agencies/whd.

U.S. Labor Agencies Strike Deal to Share Enforcement Information

Posted by National Alliance for Fair Contracting on

Jan. 6, 2022
Bloomberg Law

  • Agreement involves Labor Department, federal labor board
  • Effort targets cases involving misclassification, retaliation

The U.S. Department of Labor’s wage regulator and the National Labor Relations Board have struck an agreement to collaborate on investigations and share information on potential violations of law, specifically targeting independent contractor misclassification and retaliation against workers.

Their new memorandum of understanding, made public Thursday, will create a formal referral process for violations of federal labor and employment laws, making it easier for the government to pursue employers who have breached laws enforced by both agencies, Jessica Looman, acting administrator of the DOL’s Wage and Hour Division, said in an exclusive interview.

“This MOU allows us to have that formal referral process back and forth between the two agencies, so that we can help the worker get to the place where they need to be and have their rights enforced, as opposed to relying on the worker to have to try to navigate the government system on their own,” Looman said.

The agreement will take effect immediately at the WHD. Looman said the agency will review its current investigations for cases that may have potential overlap with the federal labor board.

The NLRB and the WHD will work together to create a system to share information in an effort to “maximize” and “improve” enforcement, according to the agreement, which was signed in early December.

(Read More)

1200px-DOL_WHD_logo.svg

USDOL Wage and Hour Division to Host Prevailing Wage Seminars

Posted by National Alliance for Fair Contracting on
May 2019

 

Our 2019 seminars will be held in the following locations:
  • Austin, TX, June 18th – 20th: Register Here
  • Anchorage, AK, June 25th – 27th: Register Here
  • Sacramento, CA, July 23rd – 25th
  • Washington, DC, August 13th – 15th
  • Indianapolis, IN, August 27th – 29th
Please note these locations may change.
If you would like to receive email updates about our seminars, please sign up for our mailing list here. (In the category “Wage and Hour” select “WHD – Prevailing Wage Seminar Announcements”)
The Wage and Hour Division (WHD) Prevailing Wage Seminars (Prevailing Wage Seminars) are three-day compliance trainings designed for regional stakeholders (unions, private contractors, state agencies, federal agencies and workers). In these seminars, conference participants will learn about the following:
  • The Davis-Bacon Act and McNamara O’Hara Service Contract Act
  • Executive Order 13495 “Nondisplacement of Qualified Workers”
  • Executive Order 13658 “Establishing a Minimum Wage for Contractors”
  • The process of obtaining wage determinations and adding classifications
  • Compliance assistance and enforcement processes
  • The process for appealing wage rates, coverage, and compliance determinations
Prevailing Wage Seminars for 2018 were held in the following cities:
  • Jacksonville, FL – April 10-12th, 2018
  • San Diego, CA – May 22-24th, 2018
  • Kansas City, MO – June 12-14th, 2018
  • Hato Rey, Puerto Rico – August 27-28th, 2018
If you have any questions please email WHD-PWS@dol.gov

CHERYL MARIE STANTON BECOMES NEW ADMINISTRATOR OF U.S. DEPARTMENT OF LABOR’S WAGE AND HOUR DIVISION

Posted by National Alliance for Fair Contracting on

Agency: Office of the Secretary, Wage and Hour Division
Date: April 29, 2019
Release Number: 19-0750-NAT

WASHINGTON, DC – The U.S. Department of Labor today announced Cheryl Marie Stanton was sworn-in as the Administrator of the Department’s Wage and Hour Division.

“I welcome and congratulate Cheryl Stanton as she officially assumes the position of Administrator of the Wage and Hour Division,” said U.S. Secretary of Labor Alexander Acosta. “Cheryl brings with her a distinguished career including prior public service as Executive Director of the South Carolina Department of Employment and Workforce.”

The Wage and Hour Division (WHD) … administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

Stanton was nominated by President Trump on September 2, 2017, and confirmed by the U.S. Senate on April 10, 2019.

(Read More)

U.S. Department of Labor Recovers $14.3 Million for Hurricane Recovery Workers (Puerto Rico)

Posted by National Alliance for Fair Contracting on

By Source Staff – September 25, 2018

In the year since hurricanes Irma and Maria struck Puerto Rico and the U.S. Virgin Islands, the U.S. Department of Labor’s Wage and Hour Division (WHD) has recovered $14,337,657 in unpaid wages for 7,761 employees engaged in recovery work in these territories. WHD has also undertaken significant outreach activities to educate employers and employees about compliance with federal wage laws as part of its ongoing hurricane response efforts.

Following the hurricanes, WHD began a broad-based education and enforcement initiative providing information to employers and workers via social media, and by conducting outreach. Investigations focused on compliance during short-term emergency response operations funded through the Federal Emergency Management Agency (FEMA) to ensure employers were aware of their responsibilities and employees were paid.

The investigations examined coverage under an employer’s compliance with the Service Contract Act (SCA), Contract Work Hours and Safety Standards Act (CWHSSA), Davis Bacon and Related Acts (DBRA), and the Fair Labor Standards Act (FLSA).

WHD investigators found violations that included non-payment of wages, minimum wage and overtime violations resulting from employees being misclassified as independent contractors, and failure to pay required health and welfare benefits under the SCA.

WHD has conducted more than 60 outreach events; signed memorandums of understanding (MOUs) with Puerto Rico’s Department of Labor and its Office of the Comptroller to better coordinate enforcement and outreach efforts; and hosted a prevailing wage seminar to educate contractors, government agencies, and other stakeholders about compliance with applicable laws.

(Read More)

USDOL Wage & Hour Division Announces 2017 Prevailing Wage Seminars

Posted by National Alliance for Fair Contracting on

Join us at a Prevailing Wage Seminar in your region in 2017!

The Wage and Hour Division (WHD) Prevailing Wage Seminars (Prevailing Wage Seminars) are three-day compliance trainings designed for regional stakeholders (unions, private contractors, state agencies, federal agencies and workers). In these seminars, conference participants will learn about the following:

  • The Davis-Bacon Act and McNamara O’Hara Service Contract Act
  • Executive Order 13495 “Nondisplacement of Qualified Workers”
  • Executive Order 13658 “Establishing a Minimum Wage for Contractors”
  • The process of obtaining wage determinations and adding classifications
  • Compliance assistance and enforcement processes
  • The process for appealing wage rates, coverage, and compliance determinations

 

Prevailing Wage Seminars for 2017 are being scheduled in the following cities:

  • Pittsburgh, PA – TBD

 

(Read More)

Why Wage Theft Is a Growing Problem in America

Posted by National Alliance for Fair Contracting on

Sienna Beard
March 31, 2015

The Wage and Hour Division (WHD) of the Department of Labor protects wages and enforces laws that cover more than 7.3 million establishments and 135 million workers. The WHD has determined that certain industries are more likely to have workers who are cheated out of their wages, as well as workers who are less likely to speak up against those who are cheating them.

In order to have far-reaching results, the WHD uses civil money penalties, liquidated damages, and debarments; it is also looking at supply chains and attempting to discourage the use of subcontractors or suppliers who don’t follow the laws. In addition, staffers publicize violations so that employers can be educated about their responsibilities. This makes it possible for employers and employees to learn from the issues that other companies face. The WHD’s job is to protect the wages of citizens, but you can also take steps to protect your own wages.

In 2014, the WHD discovered that $240 million was owed to more than 270,000 workers. Since fiscal year 2009, the WHD has recovered over $1.3 billion in back wages for more than 1.5 million workers. According to the U.S. Department of Labor Blog, an average of over $659,000 in back wages were collected each day last year; more than $890 for each employee due back wages. That equates to 2.9 paychecks for a maid or housekeeper, and 3 paychecks for a cashier. Also last year, the WHD recovered $79 million owed to 109,000 workers in low-wage industries. The WHD targets its investigations based on data, and evidence leads them to industries where there are often problems and violations. From 2009 to 2014 there was a 20% increase in establishments found to be in violation. Of agency-initiated investigations during 2014, 78% were found to be in violation.

(Read More)

US Labor Department signs agreement with Florida Department of Revenue to reduce misclassification of employees

Posted by National Alliance for Fair Contracting on
U.S. Dept. of Labor
Wage and Hour Division 
Release Number: 15-34-NAT
Date: January 13, 2015 

WASHINGTON — Officials from the U.S. Department of Labor and the Florida Department of Revenue today signed a memorandum of understanding with the goal of protecting the rights of employees by preventing their misclassification as independent contractors or other nonemployee statuses. Under the agreement, both agencies will share information and coordinate law enforcement. The MOU represents a new effort on the part of the agencies to work together to protect the rights of employees and level the playing field for responsible employers by reducing the practice of misclassification. The Florida Department of Revenue is the latest state agency to partner with the Labor Department.

In Fiscal Year 2013, WHD investigations resulted in more than $83,051,159 in back wages for more than 108,050 workers in industries, such as janitorial, food, construction, day care, hospitality and garment. WHD regularly finds large concentrations of misclassified workers in low-wage industries.

“Misclassification deprives workers of rightfully-earned wages and undercuts law-abiding businesses,” said Dr. David Weil, administrator of the Wage and Hour Division. “This memorandum of understanding sends a clear message that we are standing together with the state of Florida to protect workers and responsible employers and ensure everyone has the opportunity to succeed.”

“Working with the states is an important tool in ending misclassification,” said Wayne Kotowski, the Wage and Hour Division’s regional administrator for the southeast. “These collaborations allow us to better coordinate compliance with both federal and state laws alike.”

(Read More)