Lisa Fresquez Civil Rights Program Manager WYDOT

ADAADA OJT (Training Programs) Contractor Compliance Disadvantaged Business Enterprise (DBE) Prevailing Wage/Payroll

The 1273 of the contract identifies most of the Civil Rights Program Requirements Please read it (at least once!) Different Jurisdictions for Compliance Issues

We rely on our field personnel to identify promptly any issues that need to be brought to our attention. This includes: payroll reviews, E-118 Interview forms, DBE 1 forms, E-139 payments, On the job training plan collection, EEO related issues, and 1391 reporting.

Every contractor must identify an EEO Officer (Form E-112) The EEO officer is responsible for dealing with Civil Rights related issues that may arise during the project Reporting (project demographic report)

Contractors are selected for EEO reviews every year The process is based on past reviews and the amount of work that is currently ongoing We review the contractors entire company workforce (policies practices and work site information)

If a contractor or employee requests information in another language we should be accommodating that request. There are many electronic tools for translation

We are required to verify that any contractor working on a federal project is enrolled in a BAT (bureau of apprenticeship) approved program. We are looking to improve this process within the next few months. We have templates and other resources to help a contractor if they are need of assistance.

Employees must be paid the prevailing wage listed in the contract. Updated Annually If there is an issue the quicker we are notified the better!

A completed certified payroll must contain: Contractor or Subcontractors name Company address Payroll number Week ending Project location

Project or Contract number Employee’s name and identification number Work Classification as listed in the WDR Dates the employee was employed on the project Hours worked, regular and all overtime

Total hours Rate of Pay Gross amount earned for the pay period Total of all hourly Fringe Benefits being paid Deductions, taxes, and hourly benefits

The signatory party attest that all parties employed on the project have been paid the full weekly wages earned. Anyone willfully falsifying a certified payroll may subject themselves to civil or criminal prosecution. (Title 18 USC, 1001, and Title 31 USC, 231)

Contractors/subcontractors are to show all monies paid to the employees whether as basic rates or as cash in lieu of fringes. OR 4(a) Where Fringe Benefits are paid to approved plans, the contractor attests that: In addition to the basic hourly wage rate, the hourly fringe benefits payments are made to the appropriate program for the benefit of the employee.

4(b) States that when Fringe Benefits are paid in “Cash”: Each laborer has been paid the sum of the basic hourly wage rate, and a cash amount equivalent to the fringe benefit listed in the contract.

Overtime is calculated by taking the base rate of pay X1.5 and then add in the fringe pay. Overtime is NOT time and half of the entire pay rate (with fringe)

If there are any issues notify our offices ASAP. Use the E-138 Checklist to help in the review of payroll documents: If issues are found use the form A-40 to notfiy the contractor of the needed corrections Standardized form WH-347 is the best form for compliance (through DOL)

The program is intended to ensure nondiscrimination in the award and administration of DOT-assisted contracts To create a “level playing field” for minority and women owned companies

DBE firms must be solicited for all subcontracting opportunities. This solicitation must be documented. DBE Firm Availability.

DBE 1 (Commercially Useful Function) Form: This form is used to verify that the DBE is completing the work they are subcontracted to do. E-139 Payment Forms: Shows timely payment to DBE subcontractors. We are updating our DBE process to tie into the CMS system.

DBE firms cannot be removed from project after award for pro-forma reasons Annual Goal is 4.55% through race-neutral measures.

We are working on our ADA inventory for both WYDOT facilities and our Rights of Way. This process has been very tasking and we will be looking for help in collecting additional information in the near future!

If an ADA issue is brought to your attention please notify us. Our ADA transition plan and inventory is online at: h_wydot/civil_rights/americans_with_disabilitie s.html h_wydot/civil_rights/americans_with_disabilitie s.html

Contact Information: Mitzi Krois

Thank you!!!! Thank you!!!! Thank you!!! !