(a) Any aggrieved party, as defined in §655.715, may file
a complaint alleging a violation described in §655.805(a). The procedures
for filing a complaint by an aggrieved party and its processing by the
Administrator are set forth in this section. The procedures for filing and
processing information alleging violations from persons or organizations that
are not aggrieved parties are set forth in §655.807. With regard to
complaints filed by any aggrieved person or organization --
(1) No particular form of complaint is required, except that the complaint
shall be written or, if oral, shall be reduced to writing by the Wage and Hour
Division official who receives the complaint.
(2) The complaint shall set forth sufficient facts for the Administrator to
determine whether there is reasonable cause to believe that a violation as
described in §655.805 has been committed, and therefore that an
investigation is warranted. This determination shall be made within 10 days of
the date that the complaint is received by a Wage and Hour Division official.
If the Administrator determines that the complaint fails to present reasonable
cause for an investigation, the Administrator shall so notify the complainant,
who may submit a new complaint, with such additional information as may be
necessary. No hearing or appeal pursuant to this subpart shall be available
where the Administrator determines that an investigation on a complaint is not
warranted.
(3) If the Administrator determines that an investigation on a complaint is
warranted, the complaint shall be accepted for filing; an investigation shall
be conducted and a determination issued within 30 calendar days of the date of
filing. The time for the investigation may be increased with the consent of the
employer and the complainant, or if, for reasons outside of the control of the
Administrator, the Administrator needs additional time to obtain information
needed from the employer or other sources to determine whether a violation has
occurred. No hearing or appeal pursuant to this subpart shall be available
regarding the Administrator's determination that an investigation on a
complaint is warranted.
(4) In the event that the Administrator seeks a prevailing wage
determination from ETA pursuant to §655.731(d), or advice as to prevailing
working conditions from ETA pursuant to §655.732(c)(2), the 30-day
investigation period shall be suspended from the date of the Administrator's
request to the date of the Administrator's receipt of the wage determination
(or, in the event that the employer challenges the wage determination through
the Employment Service complaint system, to the date of the completion of such
complaint process).
(5) A complaint must be filed not later than 12 months after the latest date
on which the alleged violation(s) were committed, which would be the date on
which the employer allegedly failed to perform an action or fulfill a condition
specified in the LCA, or the date on which the employer, through its action or
inaction, allegedly demonstrated a misrepresentation of a material fact in the
LCA. This jurisdictional bar does not affect the scope of the remedies which
may be assessed by the Administrator. Where, for example, a complaint is timely
filed, back wages may be assessed for a period prior to one year before the
filing of a complaint.
(6) A complaint may be submitted to any local Wage and Hour Division office.
The addresses of such offices are found in local telephone directories, and on
the Department's informational site on the Internet at
http://www.dol.gov/esa/contacts/whd/america2.htm. The office
or person receiving such a complaint shall refer it to the office of the Wage
and Hour Division administering the area in which the reported violation is
alleged to have occurred.
(b) When an investigation has been conducted, the Administrator shall,
pursuant to §655.815, issue a written determination as described in
§655.805(a).
[65 FR 80234, Dec. 20, 2000]