Enforcement of Employment Laws Priority for Many U.S. Government Agencies

A hot topic for discussion throughout 2009 has been the anticipated increase of new employment laws potentially introduced by the Obama administration.  While these new laws have not yet surfaced, the administration has focused heavily on the increased enforcement of existing employment laws by government agencies across the board, and employers are encouraged to prepare now or face tough penalties. Leading the pack when it comes to the enforcement of employment laws is the U.S. Department of Labor (DOL).  Headed-up by the newly appointed Secretary of Labor, Hilda L. Solis, this agency has come out strong with its intent to enforce the many laws already under its belt that protect workers against unfair wage, discrimination and safety practices.  DOL is even eliminating the agency that stands between the Office of the Secretary and the sub-agencies, the Employment Standards Administration, in an attempt to more closely monitor their efforts.  In an announcement on September 2, Secretary Solis stated, "As secretary of labor, I am committed to the vigorous enforcement of our laws and will make use of the full weight of my authority to find and prosecute violators." The announcement was soon followed with the hiring of 250 new investigators in the agency's Wage & Hour Division (WHD) in order to monitor wage and hour violations including overtime, minimum wage and prevailing wage violations.  Of specific importance to the construction industry is the renewed enforcement of the Davis-Bacon Act, the prevailing wage law for federal construction contractors.  At a recent Prevailing Wage Conference, sponsored by WHD, officials guaranteed increased enforcement for prevailing wage issues as it relates to the Davis-Bacon Act, including the review of certified payroll records, overtime violations and apprenticeship practices, with a special focus on construction projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA). WHD isn't the only DOL sub-agency focused on the enforcement of ARRA-funded projects.  OFCCP, the Office of Federal Contract Compliance Programs, which is responsible for ensuring that contractors doing business with the federal government do not discriminate and take affirmative action, recently announced in its Recovery Act Plan that since the majority of ARRA funding and grants will provide direct funding or federal assistance to construction projects, then "consequently, OFCCP will place a special emphasis on the construction industry" when it comes to enforcement.  Beginning in July 2009, OFCCP promised to begin compliance reviews for at least 360 construction contractors, including at least 10% of first-time federal contractors.  These reviews will be followed by quarterly compliance evaluations through September 30, 2010. For more information, click here. Compliance assistance will also take a front seat at AGC's 2009 HR Professionals Conference with an employment law workshop, immigration law update and our first ever Department of Labor forum, with representatives from OFCCP, WHD, OSHA and the Employment Benefit Standards Administration (EBSA) .  The Conference will take place October 27-29, in Atlanta, Ga. Click here for conference details and registration.