Contractor Forum

1.  Dept of Labor

Posted 6 days ago
Has anyone heard of an HVAC industry wide audit being conducted by the DOL?

Sent from my iPhone


2.  RE: Dept of Labor

Posted 4 days ago
Maribeth,

ACCA staff has not heard anything about this from the Department of Labor.

FYI: The Secretary of Labor is invited to speak at ACCA's Conference, happening Feb. 12-14. ACCA staff is talking to his staff and we'll ask if they know about this. If they don't know anything, then we'll see if this is something he mentions in his speech.

Thanks for bringing this to our attention!

Sincerely,
Todd Washam

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Todd Washam
Director of Industry Relations
ACCA
703-824-8864
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3.  RE: Dept of Labor

Posted 3 days ago
Maribeth, not sure about entire industry.

But, unfortunately, we had a related event in 2017. The WHD (wage & hour division) of DOL investigated us. As we understood, there are 2 reasons for an investigation (complaint or random selection). Since neither is required for disclosure by DOL, we don't know why/how we were picked.

As you know, in our industry; it's common practice for employees to be assigned to the 1st job location or meet at office to begin work each day. The rub comes from "when does work time begin". Again, as we understood, most companies begin work time at initial job location. But, according to WHD-DOL, this could be incorrect.

In our case, the department collected time records for a period of 104 weeks and interviewed past/present employees about our practices. In the end, the department/investigator determined that there was 5 minutes each day that was not recorded on employee time sheet. We argued that employees' complete their own time sheets for our approval. So, at most, this was an honest error. Regardless, the department sought to win added compensation. Of course, if the added 5 minutes per day resulted in OT for the pay period; then, the ADDED time was subject to OT. End result, huge back-wages and penalty (liquidated damages) with NO recourse to collect from customers. Basically, a lose/lose for employer. Also, the employee who likes to show up early/on time and "prep" for the day....It's not worth it unless the employer is very diligent in recording ALL time for PR purposes.

The WHD-DOL (as I understand) sees our industry at risk for not recording employee time/PR correctly. So, to protect  industry employees; the WHD-DOL is tasked with investigation and enforcement.

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Weber Player
President
Dense Mechanical
Enid OK
(580) 234-7842
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