- WHD Investigation

WHD investigation E.O. § 6; 29 C.F.R. § 9.23; FAR 48 C.F.R. § 22.1206(b).

  1. The Secretary of Labor is responsible for investigating and obtaining compliance with E.O. 13495.
  2. The WHD Administrator may initiate an investigation under 29 C.F.R. Part 9 either:
    1. As the result of the unsuccessful conciliation of a complaint or
    2. At any time on his or her own initiative.
  3. As part of the investigation, the Administrator may:
    1. Inspect the records of the predecessor and successor contractors (and make copies or transcriptions thereof),
    2. Question the predecessor and successor contractors and any employees of these contractors, and
    3. Require the production of any documentary or other evidence deemed necessary to determine whether a violation of 29 C.F.R. Part 9 has occurred. (Such evidence may reflect conduct warranting imposition of ineligibility sanctions pursuant to § 9.24(d).)

Contracting agency action on complaints 29 C.F.R. § 9.11(d).

  1. Within 14 days of being contacted by the WHD, the Contracting Officer shall forward all information listed at 29 C.F.R. 9.11(d)(1)(ii), shown below, to the Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.
  2. The required report contents are detailed at 29 C.F.R. § 9.11(d)(1)(ii):
    1. The contracting officer shall forward to the WHD Branch of Government Contracts Enforcement any:
      1. Complaint of contractor noncompliance with 29 C.F.R. Part 9;
      2. Available statements by the employee or the contractor regarding the alleged violation;
      3. Evidence that a seniority list was issued by the predecessor and provided to the successor;
      4. A copy of the seniority list;
      5. Evidence that the nondisplacement contract clause was included in the contract or that the contract was exempted by the contracting agency;
      6. Information concerning known settlement negotiations between the parties, if applicable;
      7. Any other relevant facts known to the Contracting Officer or other information requested by the Wage and Hour Division.

WHD Conciliation 29 C.F.R. § 9.22.

  1. After obtaining information regarding alleged violations, WHD may:
    1. Contact the successor contractor about the complaint and
    2. Attempt to conciliate and reach a resolution that is:
      1. consistent with the requirements of 29 C.F.R. Part 9 and
      2. is acceptable to both the complainant(s) and the successor contractor.29 C.F.R. § 9.22.

Conclusion of Investigation

  1. Upon completion of a WHD investigation, and if a resolution is not reached by conciliation consistent with the regulatory requirements, the Administrator will issue a written determination of whether a violation has occurred, including a statement of the investigation findings and conclusions.
    1. A determination that a violation occurred shall address appropriate relief and the issue of ineligibility sanctions where appropriate.
    2. The Administrator will provide notice of the investigation findings to any complainant(s); employee representative(s); contractor, including the prime contractor if a subcontractor is implicated; and contractor representative(s).29 C.F.R. § 9.31(a).

Subsequent Investigation

  1. The Administrator may conduct a subsequent, new investigation or issue a new determination if the Administrator concludes circumstances warrant, such as:
    1. Where the proceedings before an Administrative Law Judge reveal that there may have been violations with respect to other employees of the contractor,
    2. Where imposition of ineligibility sanctions is appropriate, or
    3. Where the contractor has failed to comply with an order of the Secretary of Labor.

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