Secretary of Labor Hilda L. Solis inadvertently just got a little help from her friends over at Homeland Security.  ICE dropped off more than 650 audit notices yesterday and to pull off that number of audits it will take a heap of cash!

Solis should have no trouble obtaining the funds she needs to help get her own house in order.  Solis is on a mission after receiving a copy of the release of a Governmental Accountability Office (GAO) report she announced the department’s system for receiving and responding to wage and hour complaints is ineffective and discourages wage-theft complaints.   “The department’s Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities.” In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance.

The DOL is poised to receive a whopping $1.7 Billion dollars to help bolster worker protection programs putting every employer on notice. Sneak peek at who gets what if Solis has it her way. Leading the pack the Wage & Hour division is to receive $228 million and 200 new auditors, and then there is OSHA – $560 million and 160 new auditors.

Ouch!

What?? Ask any private employer and they can quote the rules for hiring contractors and the pitfalls of improper worker classification. Compared to the hammers and large boons lowered on non-government employers who utilize the exact same hiring practices it seems very little has been done to influence change in governmental hiring practices. Company’s in the private sector have endured years of harsh financial penalties, been threatened with 3rd degree felony charges, paid fines and penalties in the billion dollar range for misclassifying workers.  Compared to a “strong urging” to fix the problem and a check for $39 million in procurement dollars to hire regular employees the punishment pales in comparison.

This milk toast approach towards DHS and other government entities from those who push employers to do the right thing by its own workers seems less than adequate. The message to ALL employers should be equal playing field for all.  To fix the age old contract worker misclassification problem we must lead by example and not from the platform of do I say not as I do. Otherwise, how can we expect employers to take the pitfalls of worker classification seriously if those who do the policing are not adhering to the law?