TR Circular E-C058_9th LRT Conference_2003.pdf - Florida ...

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• Contractors are identified initially from construction information provided on reports
from F.W. Dodge (a provider of project news, plans, specifications and analysis services for
construction companies in the United States and Canada);
• Wage and fringe benefit data are collected from construction contractors and other
interested parties on WD-10 survey forms including an electronic version (3);
• Wage data submissions are verified as to area, time frame, construction type, and
timeliness, and data are then compiled and analyzed; and
• Third party verification, contractor verification, and on-site verification are conducted
(10).
At a DOL Davis-Bacon conference in November 2002, it was disclosed that a goal has
been set to complete wage surveys every three years in all 50 states. All construction types will
be surveyed, and the process is expected to take from 4 to 8 months to complete once initiated.
DOL is making this survey plan available to interested parties through the Wage and Hour
Division’s website (3). The survey form, entitled “Report of Construction Contractor’s Wage
Rates” or “WD-10” may now be filed electronically (11).
MONITORING AND ENFORCEMENT
Enforcement is actually part of the partnering process. When contractors do not comply,
measures must be used to give the requirements “teeth.” Under Reorganization Plan No. 14 of
1950, the federal government has delegated authority to the contracting agency to investigate and
enforce DBA compliance. This is usually done through payroll monitoring, documentation, and
requesting and obtaining clarification or revisions to CPRs, including wage restitution to
employees owed back wages.
Labor Compliance On-Site Interviews
On-site interviews are commonly conducted on large-scale prevailing wage projects. The
contracting agency can use this tool to verify that the CPRs accurately reflect worker
classification and payment. Ideally, the interviews should confirm the data reported in the CPRs.
This tip is offered: conduct on-site labor interviews with construction workers on Friday
mornings when feasible, because most workers receive their paychecks on Fridays, so they may
have their pay stub handy for easy reference.
Enforcement Options
DOL is a good resource in difficult cases, but more often than not, the contracting agency and
the prime contractor can resolve issues of enforcement.
The prime contractor is responsible for disseminating information on prevailing wage to
all subcontractors. The prime contractor is ultimately responsible for payment of DBA wages,
including subcontractor violations if back wages are owed to employees and the subcontractor is
unable to pay. Willful violations and falsified statements of compliance on the certified payroll
report can subject the wrongdoer to criminal prosecution. For each false statement on a payroll,
penalties of $1,000 and/or one year in prison may be imposed. In some circumstances, the