Wage and Hour Division (WHD)

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FOH Field Operations Handbook
Chapter 64 Employment of Workers with Disabilities at Special Minimum Wages under Section 14(c)
Section 64f Initial Investigative Activities

Section 64f00: Preparation for Investigation

• Because some INVs are not assigned section 14(c) investigations on a regular basis, a review of FOH Chapter 64 and Regulations 29 CFR Part 525 is recommended before any action is taken. Because the INV will encounter some terms that are unique to investigations of section 14 employers, a glossary is provided at the back of this chapter.
• The Regional Section 14 Team Leader may be contacted, following established procedures, for guidance during the conducting of investigations under section 14(c).
• Unless the matter was referred to the DO by the Section 14(c) Certification Team, the INV must contact the Certification Team as soon as it becomes apparent that an investigation involves compliance with section 14(c).
  1. These contacts are required for several reasons:
     • Compliance impacts the certification process. Certificates should not be issued or renewed during an open investigation where a formal determination of compliance is being made.
     • The Certification Team conducts its own compliance reviews of the applications for certification and follows up if there are indications of violations. Contact with the Certification Team will reduce duplication of enforcement efforts.
     • Much like the "Main office/District Office" (MODO), the Certification Team possesses both certification and compliance history information concerning the firm that may not be available from any other sources (Note: This contact does not eliminate or replace the MODO contacts required by the FOH). The INV should request the Certification Team to send the following documents:
       1. A copy of the SMW certificate(s) applicable to the two-year investigation period.
       2. A copy of the complete14(c) application, with attachments. The application (Form WH-226 and 226A) requires the employer to submit prevailing wage rate survey data, hourly commensurate wage evaluation forms, information on piece rates paid, piece rate productivity, and a description of the piece work performed. Thus the application is a useful tool in assessing the employer's status of compliance and should be thoroughly reviewed prior to the opening conference.
       3. A copy of all information concerning any prior investigative history that office may hold.
  2. The Certification Team shall be used as a resource to provide information about an employer's certification history. The Certification Team is not to be used for general technical assistance regarding the conducting of investigations or the enforcement of section 14(c). The RO Section 14 Team Leaders will provide this assistance.
  3. Upon completion of the investigation, copies of the narrative report, the WH-51 (Compliance Action Report), and any letter of findings will be forwarded to the appropriate Regional Section 14 Team Leader and the Certification Team in Chicago (see FOH 64h04).