Enforcement of Executive Order Minimum Wage Requirements
FAR 22.1905 empowers the Department of Labor to enforce minimum wage requirements for federal contractors, with strict reporting, withholding, and compliance obligations for contracting officers and contractors.
Overview
FAR 22.1905 outlines the enforcement mechanisms for the Executive Order (E.O.) minimum wage requirements for federal contractors. It details the authority of the Department of Labor (DOL) and the Administrator to investigate violations, the process for filing and handling complaints, the procedures for investigations, and the remedies and sanctions for noncompliance. The section also clarifies the roles of contracting officers, including withholding payments and reporting complaints, and addresses the retroactive inclusion of required contract clauses if omitted.
Key Rules
- Authority and Investigations
- Only the DOL Administrator has authority to investigate E.O. minimum wage violations; contracting agencies cannot conduct compliance investigations but must enforce contract terms.
- Withholding Payments
- Contracting officers must withhold payments at the Administrator's direction or if contractors fail to provide required payroll records.
- Complaint Process
- Complaints can be filed by anyone and must be reported by the contracting officer to the DOL within 14 days, including all relevant information.
- Remedies and Sanctions
- Remedies include payment of unpaid wages, antiretaliation relief, possible debarment, and retroactive inclusion of required clauses.
Responsibilities
- Contracting Officers: Must report complaints, withhold payments as directed, and ensure contract clauses are included retroactively if omitted.
- Contractors: Must comply with minimum wage requirements, provide payroll records, and avoid retaliation against workers.
- Agencies: Must cooperate with DOL investigations and facilitate enforcement actions.
Practical Implications
- Ensures federal contractors pay the required minimum wage and comply with E.O. 14026.
- Noncompliance can result in withheld payments, debarment, and retroactive contract modifications.
- Contractors must maintain accurate payroll records and respond promptly to DOL inquiries to avoid enforcement actions.