Prevailing Wage Claim Investigations

• Investigations are conducted by Prevailing Wage Investigators.
• Investigators carry a badge; empowered to enter public work jobsites to inspect required postings and interview workers.
• Investigators have the ability to subpoena payroll and project records.
• Investigators may issue notices of withholding to departments of jurisdiction.
• Investigators may audit underpayments of prevailing wages and supplements.
• Investigators may negotiate resolutions with employers directly.

Compliance Agreement Program (CAP) Settlement

• Negotiated with employer directly (or their counsel).
• Utilized for non-willful violations / honest mistakes.
• Employer self audits all public work projects performed in past two years.
• Direct restitution of underpayments from employer to workers with proof of payment. 
• No interest or penalties assessed.

Stipulation and Order

• Willful or Non-Willful.
• Negotiated with employer directly (or their counsel).
• Contractor consents to a willful or non-willful finding.
• Underpayments, interest, and penalties are agreed upon.
• Willfulness and restitution may both be stipulated to, or only one with the other determined at a hearing.

Referral to Counsel’s Office for Adjudication Hearing

• DOL Counsel’s Office represents the Bureau of Public Work at an administrative hearing.
• Hearing conducted by Administrative Law Judge with preponderance of the evidence as the burden.
• May result in a finding of willful or non-willful and an assessment of interest up to 16% on any underpayments and civil penalty up to 25%.

Criminal Referral

• May result in criminal prosecution conducted by Attorney General’s Office or a District Attorney’s Office of the county where the work was performed or where the employer is based.
• May result in Misdemeanor or Felony Conviction against owner(s) and/or corporation.
• May occur in addition to or in lieu of administrative hearing process.
• Referrals are never made or threatened in order to entice a civil settlement.
• Global settlements with criminal plea agreement and settlement of civil proceeding are possible.

For questions about submission of a Bureau of Public Works and Enforcement (BPWE) wage theft claim, email: [email protected].