29 CFR 5.12 - Debarment proceedings
| Cite as | 29 CFR 5.12 |
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76 practice notes
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Part II
...WHD has extensive debarment experience under regulations implementing other programs, such as H-1B and the Service Contract Act. See, e.g. 29 CFR 5.12, Nevertheless, the Department is sensitive to the perception of some employers that OFLC and WHD may interpret certain rules differently, an......
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Temporary Non-Agricultural Employment of H-2B Aliens in the United States
...under regulations implementing other programs, such as H-2A, H-1B, the Davis-Bacon Act, and the Service Contract Act. See, e.g., 29 CFR 5.12. As discussed in the preamble to the 2008 rule, ``the debarment of entities from participating in a government program is an inherent part of an agenc......
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Establishing a Minimum Wage for Contractors
...obligations to workers under the Executive Order or this part, a standard the Department derived from the DBA implementing regulations at 29 CFR 5.12(a)(2), the Secretary shall order that the contractor and its responsible officers, and any firm, corporation, partnership, or association in ......
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Establishing Paid Sick Leave for Federal Contractors
...standard, which also is used in the Minimum Wage Executive Order rulemaking, is derived from the DBA implementing regulations at 29 CFR 5.12(a)(2). See 79 FR 60680. Proposed Sec. 10.44(d) further provides that neither an order of debarment of any contractor or its responsible officers from ......
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56 cases
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Favel v. American Renovation and Const. Co., No. 01-514.
...who violate the Davis-Bacon Act, and identify those entities who may initiate a proceeding in the event of a wage dispute. 29 C.F.R. §§ 5.5, 5.12 and 5.11 ¶ 15 The state court held that Workers cannot sue ARC and Baer in state court but rather they must avail themselves of the administrativ......
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United States ex rel. Int'l Bhd. of Elec. Workers Local Union No. 98 v. Farfield Co., 20-1922
...to debarment of a contractor that falsifies certified payrolls or otherwise disregards its Davis-Bacon obligations to employees. 29 C.F.R. § 5.12(a)(2) ; see, e.g., Metro. Home Improvement Roofing Co., B-215945 (Comptr. Gen. Dec. Jan. 25, 1985). The express-condition-of-payment factor thus ......
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Idaho Bldg. & Constr. Trades Council v. Inland Pac. Chapter Builders & Contractors, Inc., Nos. 11–35985
...§ 3144(b). DOL's regulations also provide for administrative enforcement of the Davis–Bacon Act. See, e.g., 29 C.F.R. §§ 5.6, 5.7, 5.9, 5.11, 5.12. Federal law does not establish criminal penalties for violations of Davis–Bacon. See United States v. Clark, 787 F.3d 451, 458 (7th Cir.2015) (......
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Amaya v. Power Design, Inc., No. 15–1691
...three-year ban on the award of federal contracts to the breaching contractor or subcontractor. §§ 3142(c)(3), 3144, 3703(b) ; see also 29 C.F.R. § 5.12. The CWHSSA also provides for daily assessed liquidated damages and, in some cases, criminal liability. 40 U.S.C. §§ 3703(b), 3708 ; 29 C.F......
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