FAR 22.1024—Cooperation with the Department of Labor.
Plain-English Summary
FAR 22.1024 requires contracting officers and agencies to actively cooperate with the Department of Labor (DOL) when DOL investigates possible wage and hour issues affecting service contracts. It covers cooperation in the examination of records, interviews with service employees, and other investigative steps, as well as the agency’s duty to provide available information about contractors, subcontractors, their contracts, and the nature of the contracted services when requested by the Wage and Hour Administrator or a designee. The section also requires the contracting officer to promptly refer apparent violations and complaints in writing to the appropriate DOL regional office. A key protection in this provision is confidentiality: employee complaints may not be disclosed to the employer. In practice, this section ensures DOL has timely access to information needed to enforce labor standards, while also preserving the integrity of employee complaints and preventing premature disclosure that could undermine investigations or expose complainants.
Key Rules
Cooperate with DOL investigations
The contracting officer must cooperate with Department of Labor representatives during record reviews, employee interviews, and any other part of a DOL investigation. This is an affirmative duty to assist, not merely to avoid interference.
Provide requested contract information
When asked, agencies must furnish the Wage and Hour Administrator or designee any available information about contractors, subcontractors, their contracts, and the nature of the contract services. The obligation is limited to information that is available to the agency.
Refer apparent violations promptly
The contracting officer must promptly send written referrals of apparent violations and complaints to the appropriate DOL regional office. The referral must be in writing and made without unnecessary delay.
Protect employee complaint confidentiality
Employee complaints must not be disclosed to the employer. This confidentiality rule protects complainants and helps preserve the integrity of DOL investigations.
Responsibilities
Contracting Officer
Cooperate with DOL representatives in records examinations, employee interviews, and other investigative activities; promptly refer apparent violations and complaints in writing to the appropriate DOL regional office; avoid disclosing employee complaints to the employer.
Agency
When requested, provide the Wage and Hour Administrator or designee with any available information on contractors, subcontractors, their contracts, and the nature of the contract services.
Department of Labor
Conduct investigations and request information needed to enforce wage and hour requirements; receive referrals and agency-provided information for follow-up action.
Employer/Contractor
No affirmative duty is stated in this section, but contractors may be subject to DOL investigation and should expect records review and employee interviews without receiving confidential employee complaints.
Practical Implications
Contracting officers should treat DOL inquiries as priority matters and respond quickly with records, contract details, and referral documentation.
Agencies need a reliable process for identifying and transmitting available contractor and contract information when DOL requests it.
A common pitfall is delaying referrals while trying to verify every allegation; this section requires prompt written referral of apparent violations and complaints.
Another risk is accidental disclosure of employee complaints to the contractor or employer, which this section expressly prohibits.
Because the rule focuses on cooperation, contracting personnel should coordinate internally so that records, interview access, and referral channels are handled consistently and confidentially.
Official Regulatory Text
The contracting officer shall cooperate with Department of Labor representatives in the examination of records, interviews with service employees, and all other aspects of investigations undertaken by the Department. When asked, agencies shall furnish the Wage and Hour Administrator or a designee, any available information on contractors, subcontractors, their contracts, and the nature of the contract services. The contracting officer shall promptly refer, in writing to the appropriate regional office of the Department, apparent violations and complaints received. Employee complaints shall not be disclosed to the employer.