Here is how we became government contracts lawyers. We both found a place sheltered from the storm, albeit 37 years apart, in the two greatest moments of economic distress since World War II.
Read MoreThe U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued new guidance and posting requirements for the coronavirus leave requirements on March 26, 2020. Earlier this week, Congress enacted legislation which requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Families First Coronavirus Response Act (“FFCRA” or “Act”) requirements go into effect next Wednesday April 1, 2020.
Read MoreThe Families First Coronavirus Response Act (FFCRA) bill was passed by the U.S. House of Representatives and sent to the Senate this week. The bill would allow for two weeks of fully paid sick leave and up to 10 weeks of partially paid leave (at two-thirds pay) for workers of small business employers meeting certain conditions. The leave would be financed by a tax credit.
Read MoreHow frequently do employers have to pay their workers? The answer is it depends. Some of the variables it can depend on include wheher the employer is working on a government construction contract, what state the worker is performing labor in, what is the classification of the worker (exempt or nonexempt), and how much is the worker paid.
Read MoreUnder the FAR SCA Price Adjustment clause, notice must be furnished to the Government within 30 days of receipt of a new wage determination to be incorporated into a contract in the option or extended period of performance. But that notice proviso is not interpreted strictly and it should not be used to bar price adjustment claims as per se untimely after the 30 day window has past.
Read MoreWhile the civil money penalty for violation of the overtime laws by federal contractors is suposed to be increased by the rate of inflation every January, this year the $27 penalty is being held steady. However, violation of the overtime laws done in prior years, but uncovered and enforced now, will still be assessed the $27 a day current penalty rather than the lesser fines in existance at the time of the violation.
Read MoreLook for changes in the salary basis exemption threshold, the Government Contractor Minimum Wage, state minimum wage laws, and the federal employee paid family leave law to take effect here in 2020.
Read MoreDOL is cleaning up some (but not all) of the confusion surrounding the use of the Fluctuating Work Week (“FWW”) / half-time method of paying overtime to salaried workers. DOL has proposed that bonuses and other payments in addition to the salary will not get in the way of the payment of a half-time overtime premium to otherwise salaried workers.
Read MoreThe Service Contract Act once had an expansive exemption for certain commercial contracts, but the current iteration of the DOL and FAR rules cut back on that significantly and left a very restricted SCA prime and subcontract exemption that few contractors can use.
Read MoreWhen government service contractors unionize, they can pass the cost of any well-timed wage and benefit increases to the US government under the Service Contract Act Price Adjustment clause.
Read MorePresident Trump revoked EO 13495 on Oct. 31, 2019, without formal rulemaking, and thereby set up a situation where new and existing solicitations, and current contracts containing the Nondisplacement Executive Order clause, will likely be subject to some confusion until the regulatory situation is resolved. But the bottom line is the service employee first right of refusal requirement has been revoked and there will be no more DOL enforcement actions.
Read MoreThe Service Contract Act (“SCA”) presents both opportunities and peril each time a contractor submits a proposal to work on a covered contract. This is a primer on some of those pitfalls and opportunities.
Read MoreUnder 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.
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