Enforcement of Executive Order 13706 paid sick leave requirements
The Department of Labor enforces paid sick leave requirements for federal contractors, and contracting officers must promptly report complaints and ensure compliance, or risk severe penalties for contractors.
Overview
FAR 22.2109 details the enforcement mechanisms for Executive Order 13706, which mandates paid sick leave for employees working on certain federal contracts. The section outlines the authority of the Department of Labor (DOL), specifically the Wage and Hour Division, to investigate and enforce compliance, and clarifies the roles of contracting agencies and officers. It provides procedures for filing complaints, protecting complainant identities, and the required actions contracting officers must take upon receiving complaints. The section also describes the investigation process, remedies, and sanctions for violations, including withholding payments, civil actions, contract termination, debarment, and remedies for interference or discrimination. Additionally, it addresses recordkeeping violations and the retroactive inclusion of the required contract clause if omitted.
Key Rules
- Authority and Investigations
- Only the DOL Wage and Hour Division has authority to investigate compliance; contracting agencies cannot conduct investigations under 29 CFR Part 13 but must enforce contract terms.
- Complaint Procedures
- Complaints can be filed by anyone and must be reported by contracting officers to the DOL within 14 days, with specific information provided.
- Remedies and Sanctions
- Remedies include withholding payments, civil actions for underpayments, contract termination, debarment, and specific relief for interference or discrimination.
- Recordkeeping
- Failure to maintain or produce records can result in suspension of payments until compliance is restored.
- Contract Clause Inclusion
- If the required clause is missing, it must be retroactively added to the contract.
Responsibilities
- Contracting Officers: Report complaints, withhold payments as directed, ensure inclusion of FAR 52.222-62, and take action on recordkeeping failures.
- Contractors: Comply with paid sick leave requirements, maintain records, cooperate with investigations, and remedy violations as directed.
- Agencies: Refer complaints to DOL, support enforcement actions, and ensure contract compliance.
Practical Implications
- This section ensures robust enforcement of paid sick leave requirements, protecting employee rights and holding contractors accountable. Contractors face significant risks for noncompliance, including payment suspension, termination, and debarment. Contracting officers must act promptly on complaints and ensure all required clauses are present, while contractors must maintain diligent recordkeeping and compliance practices.