The compensability of meal time periods depends on the facts as well as the jurisdiction you work in. There is a spilt amoung the circuits as to what it means to be completely relieve of duties such that no compensation is due.
Read MoreThe intelligence agencies have some “funny “special clauses for implementing the Service Contract Act which say all a contractor has to do is comply to the “maximum extent practicable”, but require the contractor to get their own SCA wage determinations, and instruct the contractor never to touch base with DOL. Is this enforceable?
Read MoreThe poular assumption is that employers only have to reconcile their SCA fringe bnefit plans quarterly, i.e., every three months. But like must popular delusions, that assumption can be wrong.
Read MoreThe Lear Siegler price adjustment case remains an often cited precedent in SCA price adjustment and omitted wage determination cases. This is a reprint of an article I wrote in The Government Contractor on my own case almost a dozen years ago.
Read MoreWhere there is only a single "skilled craft" set forth on the subject WD, DOL is willing to make those union wages and benefits the bench mark for all other skilled positions under the DBA, whether union or nonunion. By this sleight of hand, DOL can bootstrap union wages and benefit rates to all the nonunion positions. This conformance procedure is an abuse that can be reformed by the Trump Administration with the stroke of a pen.
Read MoreThis is a piece I prepared for the ThomsonReuters Year in Review Conference held in Feb. 2017 which is reprinted with their permission and summarizes the SCA events of 2016.
Read MoreEmployers may owe overtime and even fringe benefits to their highly paid but hourly consultants and experts who are sporadically engaged.
Read MoreMajor League Baseball keeps Congress busy bestowing special wage and hour perks.
Read MoreSometimes bid protest “reform” is a clever disguise for anything but reform.
Read MoreDOL announced a new pilot Payroll Audit Independent Determination (“PAID”) program, which allows self-reporting and is intended to expedite resolution of inadvertent overtime and minimum wage violations FLSA.
Read MoreThe scope of the commercial exemption to the Service Contract Act was narrowed considerably, but only recently has that change trickled down to most GSA scheduled contract work.
Read MoreEmployers who want to pay straight time rather than time and one-half premium overtime pay, can do so, albeit indirectly, if they structured their employment agreement accordingly.
Read MoreWhile President Trump has revoked several of the Obama era procurement-related executive orders, the so-called “Nondisplacement” Executive Order (“EO”) first issued in 2009 has survived.
Read MoreSuccessor contractors must be prepared to pay EO sick leave benefits in addition to the other benefits set forth in the CBA, and those EO sick leave benefits likely are not a credit towards either SCA vacation or H&W benefits.
Read MoreDon't jump the shark! Sometimes patience rather than prompt corrective action is the best way to proceed when dealing with labor issues, if you want to be reimbursed by the Government.
Read MoreCalculating overtime pay and prevailing wages for employees working two different jobs can be hard.
Read MoreEmployers hoping to be reimbursed by the Government for pension withdrawal liability payments imposed pursuant to the Multi-Employer Pension Plan Amendment Act (MPPAA) recently had a wrench thrown into their plans.
Read MoreThe Government just fell into another short shutdown before finally approving a budget. Not enough of us care for the public space.
Read MoreThe answer depends on when the contract was originally awarded and what clauses have been incorporated therein originally or by subsequent contract modifications. Read your contract(s)!
Read MoreBack in 2015 and 2016, the Department of Labor (“DOL”) issued guidance on independent contractors known as Administrator’s Interpretations (“AI”) Nos. FLSA 2016-1 and FLSA 2015-1.
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