Wage Enforcement
The City's Wage Enforcement ordinance is designed to protecting laborers on construction projects from wage theft or payroll fraud on contracts receiving City funding or benefits in excess of $25,000. When a contract is subject to the City's Wage Enforcement ordinance, the following documents may be required.
Prior to Execution of Agreement | Prior to Commencement of Work | Within 30 Days of Knowledge of a Complaint or Adverse Determination | To Report a Complaint | Upon Filing Appeal to Adverse Determination |
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Wage Enforcement Form Requirements
- Required for every contract subject to Wage Enforcement prior to the commencement of work.
- Must be submitted by each contractor or higher-tier subcontractor that intends to subcontract any portion of work on the contract.
- If additional subcontractors are going to be used after submission of the initial Form WE-20, a supplemental WE-20 must be submitted.
- Required for every contract subject to Wage Enforcement prior to the commencement of work
- Must be submitted by every company performing work on the contract
- Required only if a developer, contractor or subcontractor becomes the subject of a complaint or Adverse Determination of Wage Theft or Payroll Fraud (as defined by CMC 326-2-W and CMC 326-2-P1, respectively) during the term of the contract
- Due within 30 days of being notified of the complaint or adverse determination
- Required by the company under contract with the City if it becomes aware of any complaints or allegations of Wage Theft or Payroll Fraud made against itself or against any of its contractors or subcontractors.
- If there has been no formal complaint filed with the U.S. Department of Labor, the Ohio Department of Commerce, or any other agency with the jurisdiction to investigate and adjudicate those allegations, the information should be reported on a Complaint of Wage Theft or Payroll Fraud (WE-50).
- A Report of Wage Theft or Payroll Fraud (WE-60) is used to report a complaint against the developer, contractor or subcontractor that has been filed with another agency.
- Required only if a developer, contractor, or subcontractor wishes to appeal an Adverse Determination of Wage Theft or Payroll Fraud to notify Economic Inclusion this determination is under review, formally contested, or has been appealed.
Wage Enforcement Forms
- Contractor/Subcontractor Utilization Plan (WE-20)
- Affidavit Regarding Wage Theft or Payroll Fraud (WE-30)
- Supplemental Affidavit Regarding Wage Theft or Payroll Fraud (WE-40)
- Complaint of Wage Theft or Payroll Fraud (WE-50)
- Report of Wage Theft or Payroll Fraud Complaint Filed with State or Federal Agency (WE-60)
- Notice of Appeal or Other Contest of Adverse Determination of Wage Theft or Payroll Fraud (WE-70)
- Wage Enforcement Jobsite Poster
- Addendum of Wage Enforcement Requirements for all Subcontracts
Filing a Wage Enforcement Complaint
If you are a construction worker on a construction project that is funded by the City or received City assistance in excess of $25,000, the project is covered under the City's Wage Enforcement Ordinance. If your employer has committed Wage Theft or Payroll Fraud against you related to your work on a Wage Enforcement covered project, you are entitled to submit a Wage Enforcement Complaint. Complaints may be filed online, by emailing DEI@cincinnati-oh.gov, or in person at our office address (805 Central Avenue, Suite 610, Cincinnati, OH 45202).