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CDBG Federal Labor Standards Compliance For Grant Administrators
CDBG Federal Labor Standards Compliance For Grant Administrators
Why are Labor Standards Crucial
Why are Labor Standards Crucial
Today’s Labor Standards Topics
Today’s Labor Standards Topics
Key Federal Statutes
Key Federal Statutes
5
5
CDBG and Davis-Bacon Act (40 U.S.C. 276a
CDBG and Davis-Bacon Act (40 U.S.C. 276a
CDBG and Davis-Bacon Act
CDBG and Davis-Bacon Act
Use of Volunteers
Use of Volunteers
Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C
Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C
Copeland Act
Copeland Act
Copeland Act
Copeland Act
CDBG and Davis - Bacon Factors of Applicability
CDBG and Davis - Bacon Factors of Applicability
Davis-Bacon Regulations
Davis-Bacon Regulations
Responsibilities of UGLG (Title 29 CFR Part 5)
Responsibilities of UGLG (Title 29 CFR Part 5)
Responsibilities of UGLG (Title 29 CFR Part 5)
Responsibilities of UGLG (Title 29 CFR Part 5)
Davis-Bacon Wage Determinations
Davis-Bacon Wage Determinations
Davis-Bacon Wage Determinations Types of Construction
Davis-Bacon Wage Determinations Types of Construction
Davis-Bacon Wage Determinations “Lock-In” Rules
Davis-Bacon Wage Determinations “Lock-In” Rules
State Labor Law Requirements
State Labor Law Requirements
Employer Requirements
Employer Requirements
Employer Requirements
Employer Requirements
Employer Requirements Additional Classifications
Employer Requirements Additional Classifications
Employer Requirements Dual Classification
Employer Requirements Dual Classification
Employer Requirements
Employer Requirements
Employer Requirements
Employer Requirements
UGLG Compliance/Monitoring
UGLG Compliance/Monitoring
UGLG Compliance/Monitoring
UGLG Compliance/Monitoring
Davis-Bacon Compliance
Davis-Bacon Compliance
Davis Bacon Compliance Laborers and Mechanics
Davis Bacon Compliance Laborers and Mechanics
Davis Bacon Compliance Site of Work
Davis Bacon Compliance Site of Work
Davis Bacon Compliance Apprentices and Trainees
Davis Bacon Compliance Apprentices and Trainees
Davis Bacon Compliance Helpers
Davis Bacon Compliance Helpers
Davis Bacon Fringe Benefits
Davis Bacon Fringe Benefits
Davis Bacon Fringe Benefits
Davis Bacon Fringe Benefits
Prime Contractor
Prime Contractor
Prime Contractor
Prime Contractor
Subcontractor
Subcontractor
Certified Payroll Requirements (Title 29 CFR Part 3)
Certified Payroll Requirements (Title 29 CFR Part 3)
Certified Payroll Basics
Certified Payroll Basics
Certified Payroll Basics Employee Information
Certified Payroll Basics Employee Information
Certified Payroll Basics Wages and Deductions
Certified Payroll Basics Wages and Deductions
Correcting Violations
Correcting Violations
Correcting Violations
Correcting Violations
Recordkeeping Requirements
Recordkeeping Requirements
Recordkeeping Requirements (continued)
Recordkeeping Requirements (continued)
Reporting
Reporting
HUD Labor Relations References
HUD Labor Relations References
HUD Labor Relations References
HUD Labor Relations References
Other Sources
Other Sources
Other Sources
Other Sources

Презентация на тему: «CDBG Federal Labor Standards Compliance For Grant Administrators». Автор: HUDWARE II. Файл: «CDBG Federal Labor Standards Compliance For Grant Administrators.ppt». Размер zip-архива: 333 КБ.

CDBG Federal Labor Standards Compliance For Grant Administrators

содержание презентации «CDBG Federal Labor Standards Compliance For Grant Administrators.ppt»
СлайдТекст
1 CDBG Federal Labor Standards Compliance For Grant Administrators

CDBG Federal Labor Standards Compliance For Grant Administrators

1

2 Why are Labor Standards Crucial

Why are Labor Standards Crucial

Standards guarantee fair wages and compensation for workers Helps provide a level playing field for bidders Local grantee must ensure and document compliance Transgressions endanger future funding Required by CDBG program and other federal laws

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3 Today’s Labor Standards Topics

Today’s Labor Standards Topics

Federal Labor Standards “101” UGLG Responsibilities Wage Determinations & Classification Issues Certified Payroll Requirements

Compliance Principles Contractor Responsibilities When Things Go Awry…. Other Sources of Information

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4 Key Federal Statutes

Key Federal Statutes

Davis-Bacon Act Contract Work Hours and Safety Standards Act Copeland Act

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5 5

5

6 CDBG and Davis-Bacon Act (40 U.S.C. 276a

CDBG and Davis-Bacon Act (40 U.S.C. 276a

-5)

Enacted 1931, amended 1935 & 1964 HCDA requires construction contracts over $2,000 or residential properties with 8 or more housing units comply with Davis-Bacon Act Act is “site-based” Includes alteration, repair, painting & decorating

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7 CDBG and Davis-Bacon Act

CDBG and Davis-Bacon Act

Construction work financed Soft costs do not trigger DB Property ? building; Applies to Total # of units in property Volunteers are exempt (more later) Force account workers are exempt

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8 Use of Volunteers

Use of Volunteers

Volunteers may work without pay on a construction project to which Davis-Bacon and Related Acts apply. An individual may not however, be paid for some work and volunteer for other work. It is permissible to cover reasonable costs of volunteers such as travel or other incidental benefits .

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9 Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C

Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C

327-333)

Enacted 1962 Payment for all contract work exceeding 40 hours per week at 1? times regular rate of pay Applies to contracts exceeding $100,000 Liquidated damages for violations ($10 per/day, per/violation)

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10 Copeland Act

Copeland Act

Enacted in 1934 (40 U.S.C. 276c) Prohibits “kickbacks” Requires contractors to submit certified payrolls with a signed “statement of compliance” each week

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11 Copeland Act

Copeland Act

Regulates deductions from wages: FICA, federal & state taxes Bona fide prepayment of wages Court ordered payments, fringe benefit plans, etc

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12 CDBG and Davis - Bacon Factors of Applicability

CDBG and Davis - Bacon Factors of Applicability

All laborers and mechanics employed by contractors or subcontractors Requires payment of at least prevailing wages Requires weekly payment of wages Usually applied through “Related Acts”

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13 Davis-Bacon Regulations

Davis-Bacon Regulations

The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). They can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7

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14 Responsibilities of UGLG (Title 29 CFR Part 5)

Responsibilities of UGLG (Title 29 CFR Part 5)

Designate a Labor Standards Compliance Officer Request a Wage Decision Put Wage Decision and Labor Standards clauses (Form 4010) in contract bid documents Check contractor eligibility (http://epls.arnet.gov/) Conduct a pre-construction conference (optional)

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15 Responsibilities of UGLG (Title 29 CFR Part 5)

Responsibilities of UGLG (Title 29 CFR Part 5)

Review weekly payrolls and compliance statements Conduct employee interviews See that underpaid workers receive restitution Maintain contract management system and compliance files

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16 Davis-Bacon Wage Determinations

Davis-Bacon Wage Determinations

Must be included in bid documents and contract Established by geographic area May be modified periodically Published for four types of construction www.wdol.gov

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17 Davis-Bacon Wage Determinations Types of Construction

Davis-Bacon Wage Determinations Types of Construction

Building - sheltered enclosures that house persons, machinery, equipment, etc. Also apartment buildings over 4 stories Residential - single family houses, townhouses, and apartment buildings up to four stories Highway - roads, highways, sidewalks, parking areas, and other paving work not incidental to other construction Heavy - projects that can’t be classified as Building, Residential or Highway

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18 Davis-Bacon Wage Determinations “Lock-In” Rules

Davis-Bacon Wage Determinations “Lock-In” Rules

Competitive bidding: Modifications published less than 10 days before bid opening are not applicable if there is not sufficient time to notify bidders Lock-in at bid opening provided contract is awarded within 90 days Must update wage determination if contract award is more than 90 days UGLG must verify that wage rates are current

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19 State Labor Law Requirements

State Labor Law Requirements

Insert any specific state requirements if applicable

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20 Employer Requirements

Employer Requirements

Classification Pay Overtime Posters

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21 Employer Requirements

Employer Requirements

All laborers and mechanics must: Be classified in accordance with the Wage Decision Be paid at rates ? those on Wage Decision

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22 Employer Requirements Additional Classifications

Employer Requirements Additional Classifications

Employer submits request in writing UGLG must follow up (contact State) DOL has 3 criteria for approval: Work is not already on the WD Proposed classification is used by the industry in the project area Proposed wage rate & fringe benefits bear a reasonable relationship to rates on the WD

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23 Employer Requirements Dual Classification

Employer Requirements Dual Classification

When an employee performs tasks under two or more distinct classifications, the employee must be paid the prevailing wage rate for each classification Must be listed separately on the payroll

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24 Employer Requirements

Employer Requirements

All laborers and mechanics must: Be paid not less often than once a week Receive at least 1? times regular rate of pay for all hours worked over 40 per week Each employer must: Submit weekly certified payrolls reflecting all hours worked

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25 Employer Requirements

Employer Requirements

Two Posters: Wage Determination DOL “Notice to Employees” http://www.dol.gov/esa/regs/compliance/posters/pdf/fedprojc.pdf Posted in a conspicuous place, protected from the elements

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26 UGLG Compliance/Monitoring

UGLG Compliance/Monitoring

On-site employee interviews should be used as a proactive enforcement tool Grantees are encouraged to focus interviews to projects or groups of workers where violations are suspected or alleged Each employer must: Maintain full documentation, including payrolls and related records, for at least 3 years following completion

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27 UGLG Compliance/Monitoring

UGLG Compliance/Monitoring

Interviews can be used to support a specific on-going investigation Fewer on-site interviews may be conducted randomly but HUD considers focusing a far more effective means of utilizing on-site interview resources

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28 Davis-Bacon Compliance

Davis-Bacon Compliance

Wage Classifications and Pay Site of the Work Truck Drivers Apprentices and Trainees Helpers Fringe Benefits

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29 Davis Bacon Compliance Laborers and Mechanics

Davis Bacon Compliance Laborers and Mechanics

Laborer / Mechanic: anyone performing construction work on the project Supervisors are covered if they spend ? 20% their time performing manual work Project Superintendents if they do work in listed trades, they must be paid the appropriate wage listed on the Wage Determination

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30 Davis Bacon Compliance Site of Work

Davis Bacon Compliance Site of Work

29 CFR 5.2(l)(1): the physical place where the building or work called for in the contract will remain

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31 Davis Bacon Compliance Apprentices and Trainees

Davis Bacon Compliance Apprentices and Trainees

Only apprentices & trainees registered in an approved program may be paid less than the applicable wage rate “Approved program” means a program registered with the DOL or a DOL- recognized State Apprenticeship Agency

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32 Davis Bacon Compliance Helpers

Davis Bacon Compliance Helpers

Helpers are only allowed when: Duties are distinct from all others Use of helpers is established in the area Helper not in informal training program

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33 Davis Bacon Fringe Benefits

Davis Bacon Fringe Benefits

Allowed: Employer contributions to Third Party plans Health / life / disability / dental insurance plans Retirement plans Costs of apprenticeship

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34 Davis Bacon Fringe Benefits

Davis Bacon Fringe Benefits

Excludes payments required by law: FICA Workers’ Compensation Unemployment Certified payrolls must reference how FBs are paid

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35 Prime Contractor

Prime Contractor

Responsible for all employers on project Subcontractors communicate through prime Ensures labor provisions in all subcontracts

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36 Prime Contractor

Prime Contractor

Submits certified payrolls for own employees Provides subs with forms and guidance Ensures access to employees on site Responsible for restitution to underpaid employees Posters

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37 Subcontractor

Subcontractor

Submits certified payrolls each week Instructs lower-tier subs of responsibilities Reviews Wage Decisions, requests additional classifications Ensures access to employees on-site

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38 Certified Payroll Requirements (Title 29 CFR Part 3)

Certified Payroll Requirements (Title 29 CFR Part 3)

Optional Form WH-347 Compliance statement w/ original signature of corporate official, or letter of delegation Payrolls are due weekly Identify first and final payroll

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39 Certified Payroll Basics

Certified Payroll Basics

“No Work” payrolls optional – but all weeks must be accounted for in records Payrolls must be complete & legible Prime contractor reviews payrolls and submits to UGLG Payroll record retention = three years

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40 Certified Payroll Basics Employee Information

Certified Payroll Basics Employee Information

Employee name, address, SSN Employee work classification Rate of pay Straight / OT hours worked per day, per week on this project

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41 Certified Payroll Basics Wages and Deductions

Certified Payroll Basics Wages and Deductions

Gross wages earned Deductions from wages Net pay Statement of compliance: one for each weekly payroll signed by corporate official (or designee)

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42 Correcting Violations

Correcting Violations

Labor Standards Officer notifies company and/or prime contractor of violations Wage restitution must be documented Submit corrected certified payroll

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43 Correcting Violations

Correcting Violations

Funds may be withheld by UGLG if violations are not corrected promptly Deposit of funds in Escrow if matter is under appeal, or workers cannot be found Administrative sanctions: Limited Denial of Participation Debarment

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44 Recordkeeping Requirements

Recordkeeping Requirements

Copies of Wage Decisions Modifications Preconstruction Minutes if applicable Bid Documents and Copy of Contract Notification of Contract Award Documentation of all enforcement actions

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45 Recordkeeping Requirements (continued)

Recordkeeping Requirements (continued)

Weekly payrolls with statement of compliance Employee interviews Contractor clearance Securing confidentiality of records

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46 Reporting

Reporting

Violations of underpayment must be reported to DOL if >$1,000 or willful. Semi-annual report of contracts awarded

46

47 HUD Labor Relations References

HUD Labor Relations References

Making Davis Bacon Work (HUD Publication) A Practical Guide for States, Indian Tribes and Local Agencies http://www.hud.gov/offices/adm/hudclips/forms/files/4813-LR.pdf Making Davis Bacon Work A Contractor’s Guide to Davis-Bacon http://www.hudclips.org/sub_nonhud/cgi/pdfforms/4812-LR.pdf

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48 HUD Labor Relations References

HUD Labor Relations References

Labor Relations Forms www.hud.gov/offices/olr/olrform.cfm HUD Office of Labor Relations: www.hud.gov/offices/olr HUD Regulations: www.access.gpo.gov/nara/cfr/cfr-table-search.html

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49 Other Sources

Other Sources

Davis-Bacon Wage Determinations: http://www.wdol.gov GSA’s On-Line Debarment List: http://epls.arnet.gov

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50 Other Sources

Other Sources

DOL DBRA Homepage: www.dol.gov/esa/programs/dbra/index.htm DOL Regulations: www.dol.gov/esa/regs/cfr/whdcfr.htm DOL Forms: www.dol.gov/libraryforms/

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