The Congressional Review Act (“CRA”) gives Congress a shot at nullifying executive branch regulations. Look for the Republicans to try to invoke it as we approach election day and in the next session of Congress thereafter, depending on the election outcome.
Read MoreNew Davis-Bacon Act (“DBA”) regulations went into effect at the end of October 2023. Among other things, they purport to make the DBA clauses and wage determinations apply by operation of law. But they also provide for price adjustments for contractors. Exactly how it plays out is yet to be determined, but it might be prudent for the contractor to take any omitted clauses or wage determination problem slowly, and not just jump ahead into supposed compliance only to find out they have a fight to get a price adjustment.
Read MoreThe Service Contract Act (“SCA”) Price Adjustment clause provides for certain timely notices to be given by both the Government and the contractor. This blog explores several timeliness issues which can show up as a result of late notice furnished by either the Government or the contractor.
Read MoreThe DOL and IRS effort to fight misclassification of independent contractors soldiers onward here in 2023.
Read MoreUse or lose leave policies are generally not permissible when it comes to Service Contract Act (“SCA”) vacation benefits.
Read MoreThe Inflation Adjustment Act comes with extended tax credits, but also with extended liabilities. Owners of alternative energy projects who want to claim the extended credits need to devote resources to complying with the Davis-Bacon Act. There is no free ride.
Read MoreOn January 1, 2024, if no further injunctions are issued or appeals are decided, a new federal government contractor minimum wage as high as $17.20 will go into effect.
Read MoreThe new proposed FLSA salary basis test regulation is a good thing.
Read MoreDOL’s new DBRA regulations has some clarifications and guidance as to its future treatment of benefit plan administrative expenses charged by third party administrators to various DBRA and SCA H&W plans. Get ready for more enforcement actions by DOL to disallow plan expenses and for more disputes between employers and TPAs over the cost of such fees.
Read MoreIf you furnish a qualified health care benefit to workers under Hawaii law, then you are allowed to pay a lower health and welfare (“H&W”) benefit under the Service Contract Act (“SCA”).
Read MoreHere is a practical guide to doing research on whether federal government facilities and lands are federal enclaves such that the application of state employment laws (including state or local wage and hour laws) are barred.
Read MoreUnder the Service Contract Act (“SCA”), negotiated CBA wage rates can be lower than the prevailing wage rate, and the CBA is not automatically displaced by the higher SCA wages or benefits set forth in a prevailing wage determination.
Read MoreWe have two different Contractor Minimum Wage Executive Orders. One requires a $12.15 minimum wage. The other requires a $16.20 an hour minimum wage. But the curious thing is they both use the same FAR section clause number — FAR 52.225-55. Confused.? So am I.
Read MoreThe new Service Contract Act (“SCA”) health and welfare (“H&W”) rates are out and made effective to new solicitations and contracts on June 27, 2023. Except for in Hawaii, the new H&W rates are $4.57 an hour if the sick leave executive order applies, and $4.98 an hour if it doesn’t.
Read MoreExplaining how we ended up with two different names for our construction and service contract wage laws and why the Department of Labor’s naming preference is superior.
Read MoreGovernment contractors, at least as an investment option, continue to underperform the S&P 5000 average. The lack luster 2023 year to date returns (and downright losses) come on the heals of a miserable 2022 performance. If you are working for a government contractor and invested heavily in its stock, perhaps you should be wishing for a recession to revive your lagging performnce.
Read MoreNo surprise. Women want the same thing men want — better pay and more flexible working arrangements. And the Boomers want a more secure retirement.
Read MoreThere is a new DOL Bulletin setting forth the requirements to accommodate employees who wish to pump breast milk while working. It gives remote workers the same rights as those who have returned to or never left the workplace.
Read MoreThe federal backstop to enforcement of child labor laws is still at work even as some states let down their guard.
Read MoreAn entity called the Foundation for Government Accountability is lobbying to maneuver various measures to water down state regulation of child labor laws. This is morally wrong. Reasonable child labor rules and enforcement are not inconsistent with a belief in limited government or pro-business policies.
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