22.2109 Enforcement of Executive Order

13706 paid sick leave requirements.

(a) Authority. Section 4 of the E.O. grants to the Secretary of Labor the authority for investigating

potential violations of, and obtaining compliance with, the E.O. The Secretary of Labor, in

promulgating the implementing regulations required by section 3 of the E.O., has assigned this

authority to the Administrator of the Wage and Hour Division. Contracting agencies do not have

authority to conduct compliance investigations under 29 CFR Part 13 as implemented in this

subpart. This does not limit the contracting officer's authority to otherwise enforce the terms and

conditions of the contract.

(b) Complaints.

(1) Complaints are filed with the Administrator of the Wage and Hour Division and may be brought

by any person (including the employee), entity, or organization that believes a violation of this

subpart has occurred.

(2) The identity of any individual who makes a written or oral statement as a complaint or in the

course of an investigation, as well as portions of the statement which would reveal the individual's

identity, shall not be disclosed in any manner to anyone other than Federal officials without the prior

consent of the individual, unless otherwise authorized by law.

(3) If the contracting agency receives a complaint or is notified that the Administrator of the Wage

and Hour Division has received a complaint, the contracting officer shall report, within 14 days, to

the Department of Labor, Wage and Hour Division, Office of Government Contracts, 200

Constitution Avenue N.W., Room S3006, Washington, D.C. 20210, all of the following information

that is available without conducting an investigation:

(i) The complaint or description of the alleged violation.

(ii) Available statements by the employee, contractor, or any other person regarding the alleged

violation.

(iii) Evidence that clause 52.222-62, Paid Sick Leave Under Executive Order 13706, was included in

the contract.

(iv) Information concerning known settlement negotiations between the parties, if applicable.

(v) Any other relevant facts known to the contracting officer or other information requested by the

Wage and Hour Division.

(c) Investigations. Complaints will be investigated by the Administrator of the Wage and Hour

Division, if warranted, in accordance with the procedures in 29 CFR 13.43.

(d) Remedies and sanctions.

(1) Withholding or suspending payment. The contracting officer shall, upon his or her own action or

upon written request of the Administrator of the Wage and Hour Division–
(i)

(A) Withhold or cause to be withheld from the contractor under the contract covered by the E.O. or

any other Federal contract with the same contractor, so much of the accrued payments or advances

as may be considered necessary to pay employees the full amount owed to compensate for any

violation of E.O. 13706 or 29 CFR Part 13; and

(B) In the event of any such violation, the contracting agency may, after authorization or by direction

of the Administrator of the Wage and Hour Division and written notification to the contractor, take

action to cause suspension of any further payment, advance, or guarantee of funds until such

violations have ceased; or

(ii) Take action to cause suspension of any further payment, advance, or guarantee of funds to a

contractor that has failed to make available for inspection, copying, and transcription any of the

records identified in 29 CFR 13.25.

(2) Civil actions to recover greater underpayments than those withheld.

(i) If the payments withheld under 29 CFR 13.11(c) are insufficient to reimburse all monetary relief

due, or if there are no payments to withhold, the Department of Labor, following a final order of the

Secretary of Labor, may bring an action against the contractor in any court of competent jurisdiction

to recover the remaining amount.

(ii) The Department of Labor shall, to the extent possible, pay any sums it recovers in this manner

directly to the employees who suffered the violation(s) of 29 CFR 13.6(a) or (b).

(iii) Any sum not paid to an employee because of inability to do so within 3 years shall be transferred

into the Treasury of the United States as miscellaneous receipts.

(3) Termination. Contracting officers may consider the failure of a contractor to comply with the

requirements of E.O. 13706 or 29 CFR Part 13 as grounds for termination for default or cause.

(4) Debarment.

(i) The Department of Labor may initiate debarment proceedings under 29 CFR 13.44(d) and 29 CFR

13.52 whenever a contractor is found to have disregarded its obligations under E.O. 13706 or 29

CFR Part 13.

(ii) Contracting officers shall consider notifying the agency suspending and debarring official in

accordance with agency procedures when a contractor commits significant violations of contract

terms and conditions related to this subpart (see subpart 9.4).

(5) Remedies for interference.

(i) When the Administrator of the Wage and Hour Division determines that a contractor has

interfered with an employee's accrual or use of paid sick leave in violation of 29 CFR 13.6(a), the

Administrator of the Wage and Hour Division will notify the contractor and the relevant contracting

agency of the interference and request that the contractor remedy the violation.

(ii) If the contractor does not remedy the violation, the Administrator of the Wage and Hour Division

shall direct the contractor to provide any appropriate relief to the affected employee(s) in the
investigative findings letter issued pursuant to 29 CFR 13.51. Such relief may include–

(A) Any pay and/or benefits denied or lost by reason of the violation;

(B) Other actual monetary losses sustained as a direct result of the violation; or

(C) Appropriate equitable or other relief.

(iii) Payment of liquidated damages in an amount equaling any monetary relief may also be directed

unless such amount is reduced by the Administrator of the Wage and Hour Division because the

violation was in good faith and the contractor had reasonable grounds for believing it had not

violated the E.O. or 29 CFR Part 13.

(iv) The Administrator of the Wage and Hour Division may additionally direct that payments due on

the contract or any other contract between the contractor and the Federal Government be withheld

as may be necessary to provide any appropriate monetary relief. Upon the final order of the

Secretary of Labor that monetary relief is due, the Administrator of the Wage and Hour Division may

direct the relevant contracting agency to transfer the withheld funds to the Department of Labor for

disbursement.

(6) Remedies for discrimination.

(i) When the Administrator of the Wage and Hour Division determines that a contractor has

discriminated against an employee in violation of 29 CFR 13.6(b), the Administrator of the Wage and

Hour Division will notify the contractor and the relevant contracting agency of the discrimination

and request that the contractor remedy the violation.

(ii) If the contractor does not remedy the violation, the Administrator of the Wage and Hour Division

shall direct the contractor to provide appropriate relief to the affected employee(s) in the

investigative findings letter issued pursuant to 29 CFR 13.51. Such relief may include, but is not

limited to–

(A) Employment;

(B) Reinstatement;

(C) Promotion;

(D) Restoration of leave, or lost pay and/or benefits.

(iii) Payment of liquidated damages in an amount equaling any monetary relief may also be directed

unless such amount is reduced by the Administrator of the Wage and Hour Division because the

violation was in good faith and the contractor had reasonable grounds for believing the contractor

had not violated the E.O. or 29 CFR Part 13.

(iv) The Administrator of the Wage and Hour Division may additionally direct that payments due on

the contract or any other contract between the contractor and the Federal Government be withheld

as may be necessary to provide any appropriate monetary relief. Upon the final order of the

Secretary of Labor that monetary relief is due, the Administrator of the Wage and Hour Division may

direct the relevant contracting agency to transfer the withheld funds to the Department of Labor for

disbursement.
(7) Recordkeeping. When a contractor fails to make, maintain, or protect records; or produce

records when requested by authorized representatives of the Administrator of the Wage and Hour

Division, or otherwise comply with the requirements of 29 CFR 13.25 in violation of 29 CFR 13.6(c),

the Administrator of the Wage and Hour Division will request that the contractor remedy the

violation. If the contractor fails to produce required records upon request, the contracting officer

shall, upon his or her own action or upon direction of an authorized representative of the

Department of Labor, take such action as may be necessary to cause suspension of any further

payment, advance, or guarantee of funds on the contract until such time as the violations are

discontinued.

(e) Inclusion of contract clause. If a contracting agency fails to include the clause at FAR 52.222-62

in a contract to which the E.O. applies, the contracting officer, on his or her own initiative or within

15 days of notification by an authorized representative of the Department of Labor, shall incorporate

the contract clause in the contract retroactive to commencement of performance under the contract

through the exercise of any and all authority that may be needed (including, where necessary, its

authority to negotiate or amend, its authority to pay any necessary additional costs, and its authority

under any contract provision authorizing changes, cancellation, and termination).

Parent topic: Subpart 22.21 - Establishing Paid Sick Leave For Federal Contractors