C.F.R. » Title 29 » PART 6—RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS › Subpart B—Enforcement Proceedings Under the Service Contract Act (and Under the Contract Work Hours and Safety Standards Act for Contracts Subject to the Service Contract Act)

29 C.F.R. § 6.15

Complaints

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(a) Enforcement proceedings under the Service Contract Act and under the Contract Work Hours and Safety Standards Act for contracts subject to the Service Contract Act, may be instituted by the Associate Solicitor for Fair Labor Standards or a Regional Solicitor by issuing a complaint and causing the complaint to be served upon the respondent.

(b) The complaint shall contain a clear and concise factual statement of the grounds for relief and the relief requested.

(c) The Administrative Law Judge shall notify the parties of the time and place for a hearing.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1990–2022 · leading case: Richard L. Barron Linda M. Barron v. Robert Reich Dep't of Labor Robert Kelley, 13 F.3d 1370 (9th Cir. 1994).
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Richard L. Barron Linda M. Barron v. Robert Reich Dep't of Labor Robert Kelley, 13 F.3d 1370 (9th Cir. 1994). “See 29 C.F.R. § 6.15 (enforcement actions under the SCA may be instituted by the Department of Labor); see also 29 C.”
Nationwide Bldg. Maint., Inc. Ohio Bldg. Serv. & Maint., Inc. William W. Johnson v. Robert B. Reich, Sec'y of Labor, 14 F.3d 1102 (6th Cir. 1994). · cites it 2× “See 29 C.F.R. §§ 6.15 -.21. On March 21, 1984, the Secretary of Labor published a final regulation that stated: The Secretary of Labor shall establish a Board of Service Contract Appeals, by Secretary’s Order and delegate to the Board the authority and responsibilities *1104 set…”
United States v. Hunter L. Todd A/K/A Todd Hunter D/B/A Courier Express Mail & Package Delivery Serv., 38 F.3d 277 (6th Cir. 1994). · cites it 2× “29 C.F.R. § 6.15 (a). Unless a hearing is waived by the respondent contractor in his answer to the Secretary’s charges, a hearing time and place is then set by an administrative law judge (“ALJ”).”
United Gov't Sec. Officers of Am., Local No. 52 v. Chertoff, 587 F. Supp. 2d 209 (D.D.C. 2008). “”) (quoting 29 C.F.R. § 6.15 (a) (emphasis added)). The Court therefore finds Defendants’ arguments based on the lack of a private right of action under the SCA to be misguided and unpersuasive.”
Danielsen v. Dole, 746 F. Supp. 160 (D.D.C. 1990). “may be instituted” by the Department of Labor, 29 C.F.R. § 6.15 (a) (emphasis added), and not the contracting agency, 29 C.”
BCFS Health & Human Servs. v. United States Dep't of Labor (W.D. Tex. 2022). “See 29 C.F.R. § 6.15 . The filing of the complaint prompts an answer from the respondent.”
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