Examinations of the contractor's weekly payroll are the responsibility of the contracting agency. If there is evidence of underpayment, the U.S. government is authorized to withhold payments to contractors, if necessary, to compensate employees for the underpayment. Employees may sue under the Miller Act for back pay owed to them if the amount the government withholds from the contractor is insufficient to provide for full reimbursement. In addition, employees have the right to complain to the contracting agency, as well as the Department of Labor's Wage-Hour Division, if they feel they are being underpaid. This right is granted in addition to their right to sue.
Contractors have the right to an agency hearing in the event of a dispute.
Consequences for Violations. If a contractor fails to comply with the DBA's prevailing rate requirements, the government may terminate its right to proceed with the contract and the contractor will be liable to the government for any costs the government incurs as a result. Contractors who are covered under the DBA are required to keep payroll and related records for a period of three years. Contractors are required to post a notice stating the prevailing wage scale in a conspicuous place at the worksite.