Hearing Process And Appeal Rights
- In accordance with section 4(a) of the SCA, DOL is authorized to hold hearings and make decisions based upon findings of fact as deemed necessary to enforce the provisions of the SCA.
- In situations where the contractor refuses to agree to future compliance, fails to make back wage restitution, or debarment action is indicated, investigation files are referred by WHD to the Regional Solicitor for preparation for an administrative hearing before a Department of Labor Administrative Law Judge (ALJ).
- Employees do not have private rights of action under SCA to institute suits on their own behalf to collect unpaid wages.
- After review and concurrence by the Regional Solicitor's Office, a complaint is filed with the Office of the Chief Administrative Law Judge requesting that a hearing be held. The contractor is served a copy of this Complaint.
- The Office of the Chief Administrative Law Judge is responsible for the scheduling of the administrative hearing. The hearing is normally held in the city closest to the location of the contractor.
- During this period, the Regional Solicitor's Office may continue to contact the contractor, attempting to settle the matter without the need for a hearing; and funds will continue to be withheld from the contractor to cover the alleged back wage liability.
- When the ALJ renders a decision regarding the issues in a case (such as the amount of the alleged back wage liability and/or debarment), any aggrieved party may petition the Administrative Review Board (ARB) within 40 days for review of the decision. 29 C.F.R. 6.20.
2013 Administrative Review Board Proceedings (29 C.F.R. Part 8)
- The ARB, an appellate body within the DOL that was created in 1996, has a maximum of five members appointed by the Secretary of Labor. The ARB succeeded certain former DOL appeals boards. ARB cases arise on appeal from ALJ decisions and final rulings by the WHD Administrator. The ARB issues final agency decisions for the Secretary of Labor in cases arising under a wide range of labor laws, including the Service Contract Act and the Davis-Bacon and related Acts.
- Jurisdiction of the ARB under the SCA includes:
- Wage determinations issued under the SCA;
- Substantial variance proceedings or arm's-length negotiations proceedings pursuant to section 4(c) of the SCA;
- Debarment or other enforcement proceedings;
- Proceedings to determine substantial interest of debarred persons or firms;
- Decisions of the WHD Administrator or authorized representative regarding recommendations of a Federal agency for adjustment or waiver of liquidated damages assessed under CWHSSA;
- Other final actions of the WHD Administrator or authorized representative, such as additional classification actions and rulings with respect to application of the Act(s), or the regulations, or of wage determinations issued thereunder;
- Other matters specifically referred to the ARB by the Secretary of Labor.
- To be timely, petitions to the ARB for review of:
- Wage determinations must be filed within 20 days of issuance of the WHD Administrator's decision;
- Coverage and interpretation matters must be filed within 60 days of issuance of the WHD Administrator's decision;
- ALJ decisions in enforcement proceedings must be filed within 40 days of the date of the decision.
- Appeals to the ARB typically are decided based on the written submissions of the parties and the record in the case
Consulting Services We Provide
- Review public works preconstruction contracts
- Monitor DIR contractor/subcontractor certified payrolls
- Audit labor classification for each worker employed
- Review DIR pre-DAS 140/142 submissions
- Review CAC training fund contributions form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR wage determinations
- Audit fringe benefits allowances
- Review DIR holiday payment requirements
- Audit DIR travel & subsistence requirements
- Caltrans Labor Compliance
- County of Sacramento Labor Compliance
- City of Los Angeles Labor Compliance
- Los Angeles Unified School District Labor Compliance
- Federal Davis-Bacon Project Monitoring
- Federal DBE Implementation & Review
- Federal FAA AIP Goal Setting
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco)
- Skilled and Trained Workforce
Give us a call to discuss your labor compliance requirements.
This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.