29 CFR 4.187 - Recovery of underpayments

Cite as29 CFR 4.187
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15 cases
  • Bailey v. Dejoy, 1:20-cv-00042-JAW
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • February 26, 2021
    ...including, in part, the authority to "hold hearings, make decisions based on findings of fact, and take other appropriate action"); 29 C.F.R. § 4.187 (regulating enforcement of the SCA and related administrative proceedings). Because Plaintiff has not asserted and the record does not otherw......
  • BCFS Health & Human Servs. v. United States Dep't of Labor, SA-21-CV-0776-JKP
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • March 17, 2022
    ...been delegated to the contracting agencies and such matters cannot be appealed under the disputes clause in the contractor's contract. 29 C.F.R. § 4.187(f). In general, when a contractor or subcontractor disputes alleged violations, enforcement proceedings begin with the filing of an admini......
  • Mayes v. Excelsior Ambulance Serv., Inc., Civil Action No.: 3:17-cv-02358-JMC
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • March 19, 2019
    ...action against the contractor . . . to recover the remaining amount of underpayment." 41 U.S.C. § 6705(b) (emphasis added). See also 29 C.F.R. § 4.187(b) ("Section 5(b) of the Act provides that if the accrued payments withheld under the terms of the contract are insufficient to reimburse al......
  • Johnson v. Prospect Waterproofing Co., Civil Action No. 11–0077 (ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 21, 2011
    ...same reasoning would apply in the case of the DBA since the administrative enforcement schemes in the two statutes are similar. Compare 29 C.F.R. §§ 4.187–.191, 8.2–.18 with 29 C.F.R. §§ 5.6, 5.9–.13, 5.18–.19, 7.2–.18. [813 F.Supp.2d 9] Thus, prior case law suggests that it is likely that ......
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1 firm's commentaries
  • Decisions of the DOL Administrative Review Board – March 2015
    • United States
    • LexBlog United States
    • April 30, 2015
    ...of the contract, including the labor policy or employment conditions regarding the employees engaged in contract performance.’ 29 C.F.R. § 4.187(e)(4).” USDOL/OALJ Reporter at 8 (case citations omitted). Jackson v. Union Pacific Railroad Co., ARB No. 13-042, ALJ No. 2012-FRS-17 (ARB Mar. 20......

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