126 ENFORCEMENT Employee Interviews Payroll & Document Review

127 ENFORCEMENT Investigations conducted by: DOL LCA or Referred to HUD/Labor Relations What to expect Notification to HUD Investigation of Records

128 ENFORCEMENT Employee Interviews (Form HUD-11) Provides a check against payroll data Contractors must allow access Interviews are confidential 

129 ENFORCEMENT Employee Interviews (Form HUD-11) Focus on projects / workers where violations are suspected or alleged Complaints / investigations may be developed based on interviews

130 ENFORCEMENT Payroll Reviews Spot check payrolls Review for major trades Compare HUD-11s with payrolls Focus on falsification

131 ENFORCEMENT Falsification Indicators Ratio of laborers to mechanics Too few or irregular hours Discrepancies in wage computations Extraordinary deductions 

132 ENFORCEMENT Communicate routine review results by phone; document with “memo to file” Take necessary corrective action before problem grows 

133 ENFORCEMENT Use resources for investigations Send questionnaires Target employee interviews Develop complaints 

134 ENFORCEMENT The payrolls should be complete!! Resubmit for missing info such as employee addresses / Social Security No.’s Identify classifications not on wage decision; obtain additional classification as needed Certification statements – look for original signatures, deductions, and payment of fringe benefits 

135 ENFORCEMENT Check for wage underpayments Check for undocumented apprentices & trainees Check for overtime worked at straight time rates Check for extraordinary payroll deductions 

136 ENFORCEMENT CORRECTING VIOLATIONS Notify prime contractor In writing, insert contractor’s appeal rights Require appropriate documentation Withhold funds from the contractor, if necessary Document wage restitution of > $10 

137 Wage restitution documentation –Submit corrected certified payroll –Obtain employee’s signature on payroll Submit 5.7 report to OLR if > $1000 per contractor ENFORCEMENT CORRECTING VIOLATIONS

138 ENFORCEMENT Consequences Withhold funding Deposit contractor’s funds if matter is under appeal or workers cannot be found Referral to DOL for investigation Administrative sanctions - Debarment

139 LABOR STANDARDS ENFORCEMENT REPORTS

140 ENFORCEMENT REPORTS - I Case By Case (§5.7(a)) Employer underpays by  $1,000 Violations appear aggravated or willful Recommendations on debarment; CWHSSA liquidated damages

141 ENFORCEMENT REPORTS - II Semi-Annual (§5.7(b)) Submit this report twice each year – Oct 1  Mar 31 – Apr 1  Sep 30 Contracts awarded within reporting period Enforcement activity – regardless of award

Contract Name / # Contract Amount Wage Decision No. - include Mod# Wage Decision Effective Date Contract Activity

4. Complaints 5. Referrals 6. Wage Restitution Enforcement Activity