Under the Service Contract Act (“SCA”), employers with self-insured unfunded health and weflare (“H&W”) plans are better off forming a trust and paying acturial premiums into the trust monthly so they can get proper credit for the fringe benefits furnished.
Read MoreComp time is ordinarily only used for public sector workers or exempt employees. But sometime workers are mislassified as exempt and erroneously receive comp time. In those circumstances, the employer should get a credit for the comp time actually paid towards any premium overtime due.
Read MoreThe Service Contract Act has complex rules for wages and benefits. Here is a Q&A format with a few answers to questions posed by a small business employer.
Read MoreThe Service Contract Act (“SCA”) covers all “service employees” working on or in connection with a government service contract. But that begs the issue of when a worker is directly working on a contract versus indirectly facilitating the performance of the work. As to where the coverage line is drawn, that depends on the contract terms and the employee’s job duties.
Read MoreGiven the impending run out of grandfather contracts award and CBAs, the time is near that the sick leave Executive Order will apply to most service and construction contracts.
Read MoreAny interested party can furnish a written submission pointing out lagging prevailing wage rates to the Wage & Hour Division, and present additional wage data for them to consider as they issue new Service Contract Act (SCA) or Davis-Bacon Act wage determinations.
Read MoreService Contract Act (“SCA”) vacation benefits which are accrued on a pay period basis present serious compliance issues for employers trying to prove they furnished the requisite prevailing fringe benefits.
Read MoreThe SCA preempted a State law wage claim for trebled damages, giving new life to a preemption doctrine which had largely been relegated to the dustbin by clever pleading and expansive court interpretations.
Read MoreCheryl M. Stanton has assumed the office of the Wage and Hour Administrator and is now in charge of the Wage and Hour Division of the US Department of Labor.
Read MoreOn June 13, 2019 WDOL.gov is finally supposed to be moving to SAM.gov and you should be able to find your official wage determinations there for Davis-Bacon Act and Service Contract Act procurements.
Read MoreThe Contract Work Safety Standards Act (“CWHSSA”) is a federal government contractor wage law that regulates overtime. It now provides for liquidated damages in excess of $25 a day for every day an employer violates the Act.
Read MoreDOL just posted two new FLSA opinion letters and a FMLA opinion letter. It also just announced its opinion letter database is searcheable. Watch out Westlaw!
Read MoreIn some disputes under the Service Contract Act (“SCA”), the contractor has to take his claims first to the US Department of Labor (“DOL”). In other circumstances, a final determination by the DOL is not required to bring a direct claim for reimbursement against the Government.
Read MoreContrary to the usual assumptions that DOL is going to look back at least two years, sometimes it is perfectly appropriate for DOL to forgo back wages and just seek prospective corrective action.
Read MoreThe announcement of three new appointments to the DOL Administrative Review Board (“ARB”), each for a two year term, is a modest step forward. Now the ARB has a quorum and can get to work. The three new members are William Thomas Barto, James A. Haynes, and Daniel T. Gresh.
Read MoreEmployees who are highly compensated at the rate of $100,000 a year just need to have one exempt duty so long as the worker’s primary duty is the performance of office or nonmanual activities. This makes for a much more relaxed test of exempt status from minimum wage, overtime and prevailing wage requirements.
Read MoreWhen a covered service employee is given leave with or without pay for absences for sickness or injury, “there would not be a break in service” under the SCA rules, and the employee would be entitled to newly accrued but unused vacation benefits immediately upon his return to work.
Read MoreThe SCA is uncertain with respect to how to compensated a service worker who is just temporarily posted to a different locale than their home base. It has been said that contractors only have to ask for new WDs for the missing site, or pay the rate specified for a different site, if the temporarily assigned worker is going to be there for 2 months or more. Periods of time of less than 1 or perhaps 2 months are considered to be temporary postings and may not always trigger a new WD wage rate.
Read MoreWhile some specific additive payroll taxes are picked up and adjusted under the Service Contract Act Price Adjustment clause, the situation with state or local Gross Receipts Taxes (“GRT”), assessed as a percentage on government service contract revenue, is fraught with uncertainties. Contractors who failed to price these costs into their proposal up front have been left holding the bag.
Read MoreThe principles which determine whether or not time spent in travel is working time will depend on the kind of travel involved and the particular circumstances .
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