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National Wage and Hour Clearinghouse

U.S. Hits Builders With Pay Probe

Thursday, September 08, 2011

The Labor Department is investigating pay practices at many of the top companies in home building, hitting them with a broad demand for records that has led to complaints of regulatory overreach.   Recipients of the letters include PulteGroup Inc.,Lennar Corp., D.R. Horton Inc. and KB Home, according to people familiar with the matter. A Labor Department spokeswoman confirmed the investigation but declined to discuss details.  A copy of one letter, dated Aug. 1 and reviewed by The Wall Street Journal, said the department was opening a probe under the Fair Labor Standards Act, which governs matters such as overtime pay and limits on using teen workers.  The letter instructed the home builder to immediately turn over the names, addresses, Social Security numbers, pay rates and hours worked for all employees over the past two years. It asked the names of all contractors hired in the past year. The letter didn't allege any specific violations of law.

The Labor Department initiative comes at a time when the Obama administration appears to be recalibrating its policy on regulation, partly in response to criticism from Republicans and business leaders. In some instances, the administration has pulled back, in particular by abandoning proposed smog rules by the Environmental Protection Agency last week.  But it is moving ahead with other rules that irk businesses, such as those that put in place the financial-regulation law passed last year. And last week's Justice Department suit to block AT&T Inc.'s acquisition of T-Mobile USA signaled beefed-up antitrust enforcement.  The Labor Department spokeswoman said the agency is committed to enforcing existing law, and investigations are one way to do so.  Many larger home builders, while acquiring land for homes and marketing them, entrust much of the construction to carpenters, electricians and others employed by contractors. The contractors rarely are unionized. (click on link to read full story)

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