DOL has issued a new payroll reporting form for government construction contractors performing Davis-Bacon work for recordkeeping purposes and is forcing them to certify their fringe benefits and wage deductions weekly. Employers who mess up the new weekly fringe benefit and wage deduction reporting thus can be subject to heavy sanctions -- including allegations they submitted false payrolls and/or failed to report improper wage deductions.
Read MoreUnder the Davis-Bacon Act (“DBA”), the possible right of both the prime and the subcontractor to a price adjustment, if any, occurs upon the start of option year, extension, or new phase of a construction project and is governed by the terms of their contract and subcontract. Here is some friendly guidance — read your contract carefully, especially before you bid.
Read MorePresident Biden has issued an Executive Order closing federal agencies in honor of President Carter. Existing policies make it clear that federal employees will, for the most part, receive paid leave. However, federal contractors must exercise their judgment about furnishing leave.
Read MoreOne place for the Department of Government Efficiency to propose a reform is the overly restrictive commercial exemption to the Service Contract Act.
Read MoreWith the advent of a second Donald Trump administration, I had expected significant policy and enforcement changes at the Department of Labor. However, the President’s selection of Lori Chavez-DeRemer suggests changes will be course corrections, not u-turns.
Read MoreTier 1 help desk work is generally considered to be nonexempt activity and covered by both the Fair Labor Standards Act (“FLSA”) and (where a federal government service contract is involved) by the Service Contract Act (“SCA”).
Read MoreA Texas federal court rejected the Department of Labor’s recent increase to the salary threshold applicable to FLSA white-collar exemptions. That’s good news for employers because it will expand the numbers of workers exempt from the FLSA’s overtime and minimum wage requirements. But is this decision a worthy judicial foray into a political decision?
Read MoreThe SCA is a complex law. But here are some basic rules and issues you need to comply with.
Read MoreThere is an answer on how to conform a wage rate for team leaders under the Service Contract Act. You just how to know where to look. DOL suggests you pay them 110% of the journeyman rate.
Read MoreThe US Department of Labor (“DOL”) announced actions it is taking to combat what it calls “coercive ‘fine print’ provisions” in employment agreements. One such action led to an injunction that barred a company from using its employment agreement to shift the cost of a wage and hour suit onto the very truck drivers who brought the claim. So, be advised—DOL is reading your fine print.
Read MoreA service contractor loses a pension tail liability claim, which with a little planning and a small change to their collective bargaining agreement ("CBA") may have been avoidable.
Read MoreThe US Department of Labor has issued its announcement of federal contractor minimum wage rates for 2025. For most nonexempt federal contractor employees, the new rate will be $17.75 per hour. However, contractors must review their wage rates across the board to make sure they're in compliance with the multiple minimum wage rates that could apply.
Read MoreTwo weeks ago, I wrote about a restaurant that settled a case over the alleged mishandling of tips and poor recordkeeping. While I don't generally hit the same topic back-to-back, I saw a recent Department of Labor lawsuit alleging a restaurant violated almost every wage and hour rule. For some of you, we really need to get back to basics.
Read MoreGenerally , even small periods of time such as a few hours spent working directly on Service Contract Act ("SCA") covered contract, require payment of the prevailing wages and fringe benefits. The SCA adopts the FLSA definition of de miminis working time, which is commonly restricted by DOL to periods of time of less than 10 minutes.
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Get your name on a consequential federal statute and achieve immortality, The wage and hour world provides one of the best examples of that -- the unlikely but true history of the enactment of the Davis-Bacon Act.
Read MoreSome changes agencies make to US Government contracts may vary existing rules and thus constitute deviations to the Federal Acquisition Regulation (“FAR”). Deviations to the FAR require approval of the FAR Council. The contracting agency is not free to implement special contract terms which deviate from the FAR without securing that approval.
Read MoreNew SCA H&W rate increases are finally here and they are up about 7.3%. As to when they become effective, please read the blog. It is complicated.
Read MoreThe 1-800-MEDICARE call center contractor is being punished unfairly. A dangerous example is being made of Maximus. Its contract is being terminated. A new solicitation is being issued. It will have a “labor harmony requirement“ which will force the winning offeror to essentially accede to the demands of the union. That is not how the procurement system is supposed to work.
Read MoreLast week, the Supreme Court killed Chevron deference. Depending on your perspective, you either jumped for joy or you jumped off a bridge. To my mind, neither reaction makes a lot of sense.
Read MoreThe timing of when to add a new Service Contract Act (“SCA”) wage determination (“WD”) to a contract for remote workers can get rather complex. It depends on the facts. And the guidance is rather sparse. Here we try to parse the rules and offer some practical guidance.
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