U.S. Department of Housing and Urban Development

LABOR RELATIONS

Special Attention of: Transmittal Handbook No.: 1344.1

REV-1

HUD Regional Labor Relations Officers Issued: December, 1986

HUD Field Office Labor Relations Staffs

Community Development Block Grant Recipients

Public Housing Authorities

States - CDBG Small Cities Program

1 This Transmits HUD Handbook 1344.1 REV.1 Entitled: Federal Labor

Standards Compliance in Housing and Community Development Programs.

2\. Explanation of Materials Transmitted:

This Handbook describes procedures and policies for the

administration and enforcement of Labor Standards in Federally

assisted or insured construction.

3\. Cancellations:

HUD Handbook 1344.1 issued December 12, 1983.

4\. Significant Changes:

In addition to several minor changes of a technical or mechanical

nature to reflect field operations, the following significant changes

are contained in the revised handbook:

a\. Incorporates the changes in the Contract Work Hours and Safety

Standards Act (CWHSSA) to reflect the 1985 amendments to the

statute.

b\. Clarifies Copeland Act coverage of HUD assisted construction.

c\. Incorporates changes which emphasize the proper support function

of the Office of Labor Relations to the major program areas of the

Department.

d\. Simplifies Additional Classification procedures.

e\. Revises procedures for HUD restitution payment to workers from

funds on deposit.

f\. Clarifies the application of Labor Standards provisions to Force

Account Construction work.

g\. Clarifies Freedom of Information Act (FOIA) applicability to Labor

Standards files.

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h\. Incorporates changes necessary to conform HUD procedures to new

Department of Labor (DOL) practices under its General Wage

Determinations Issued Under the Davis-Bacon and Related Acts.

i\. Incorporates Labor Standards procedures under the new Co-Insurance

Program.

j\. Requires liquidated damages checks to be deposited by Field Office

Collection Officers.

k\. Requires that deposit agreements include certified checks.

l\. Requires establishment of escrow account for Section 202 projects.

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U.S. Department of Housing and Urban Development

Special Attention of: Transmittal Handbook No.: 1344.1

HUD Regional Labor Relations Officers REV. 1 CHG. 1

HUD Field Office Labor Relations Staffs Issued: July, 1987

Community Development Block Grant Recipients

Public Housing Agencies

Indian Housing Authorities

States-CDBG Small Cities Program

1\. This Transmits Change 1 to HUD Handbook 1344.1 REV-1 Entitled
Federal

Labor Standards Compliance in Housing and Community Development

Programs.

2\. Explanation of Material Transmitted: The attached revisions to HUD

Handbook 1344.1, REV-1, reflect a complete rewrite of Section 3-4f,

Overtime Violations and Liquidated Damages, and Section 6-1, Labor

Standards Enforcement Reports.

3\. Filing Instructions:

Replace pages 3-13, 3-14, 3-15 and 6-1 dated 12/86 with pages

3-13(a), 3-13(b), 3-14, 3-15 and 6-1, dated 6/87.

4\. Significant Changes: Besides minor technical and editorial changes,

the revisions reflect the following major changes:

a\. Authorizing HUD Field Office Labor Relations Staff and Public

Housing Agency, Indian Housing Authority, or Local or State

Housing and Community Development Agency compliance personnel, as

appropriate, to issue written Notices of Determination of

Liquidated Damages under the Contract Work Hours and Safety

Standards Act (CWHSSA) (rather than requiring HUD Field Staff to

issue Notices of Intent to Assess Liquidated Damages in all

cases) and specifying the content of such Notices.

b\. Lengthening from 30 to 60 days the time permitted for a

contractor to request waiver or reduction of liquidated damages,

to conform with Section 104(c) of CWHSSA.

c\. Clarifying that a determination of liquidated damages is final

absent a contractor\'s request for waiver or reduction.

d\. Authorizing HUD Regional Labor Relations Officers to grant

requests for waiver or reduction of liquidated damages for CWHSSA

violations where damages amount to \$500 or less, and HUD Labor

Relations Directors where damages amount to \$100 or less.

e\. Requiring that liquidated damages payments be made via wire

transfer rather than by check.

f\. Authorizing Regional Labor Relations Officers to submit 5.7(a)(2)

enforcement reports directly to the Department of Labor (rather

than Headquarters Office of Labor Relations) where there is no

reason to believe the labor standards violations were

aggravated or willful (or, in the case of the Davis-Bacon Act,

that the contractor disregarded its obligations to employees

and subcontractors).

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Handbook 1344.1 Rev. 1

U.S. Department of Housing and Urban Development

Washington, D.C. 20410

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Program Participants

and Departmental Staff

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December 1986 Federal Labor

Standards Compliance

in Housing and

Community

Development Programs