What Happens When There Is No SCA Wage Determination In a Contract— Part II?

Here is a follow up to a blog I wrote last month. I am puzzled why the Wage & Hour Division (“WHD”) would ever think it proper to withhold money from the prime contractor where the SCA clauses or wage determinations were originally left out of the government contract. One of the WHD duties is to not withhold money from the contractor for issues which relate to changes in the contract which were ordered by the Government. That is a breach of contract. Instead, This adjustment must be paid for by the procuring agency, and that means funding the change order and paying for the cost of the increased wages and benefits arising from the correction of the Government’s own errors.

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DOJ Has Agreed Not to Oppose Entry of Judgment On Three Specific Biden-Era Davis-Bacon Act Rules Involving Materialmen, Truckers, and the Application of the Christian Doctrine.  

The misbegotten Biden-era attempt to apply the Davis-Bacon Act (“DBA”) by operation of law to contracts that omit the clauses and wage determinations is likely to soon be completely dead. And if you are a trucker or materialman business bringing goods to a DBA covered work site, you are now less likely to be caught up regulatory web and covered by the DBA.

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The Law Firm as a Target for Fraudsters

Back in 2020, on the cusp of the pandemic, I received an email allegedly from a former employee of a national business claiming he was sexually harassed by his female supervisor and had negotiated a six-figure settlement with the company but then had not been paid. He asked for legal assistance. I demurred, but thereafter a very complex business fraud unspooled before my eyes, trying to tempt me to go for easy money.

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Mail Fraud and Rotten Fish

In late 2024, I wrote two personal checks to pay some small bills and put them in my home US mailbox. I was aware that there had been some mail theft in my neighborhood, so shame on me for not taking better precautions. Neither check reached their recipient. So begins the tale.

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The End of an Era: I Am Hanging Up My Professor Robes Soon

It has been a long 41-year largely continuous run, but I have decided to hang my instructor gig up in 2026. Tomorrow, I will teach my last virtual seminar for Federal Publications. And this summer I will teach my last in-person live session. All things must pass. Here is a thank you to all my students.

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