The Supreme Court this week agreed to hear an appeal to resolve differing interpretations of the Department of Labor’s “salary basis” regulations. Both sides are adamant that the “plain text” of one provision or the “plain terms” of another compel their favored result—that a highly compensated employee should, or should not, be entitled to overtime pay.
Read MoreContractors who have disputes with the Government must first submit a claim to their Contracting Officer for a final decision. If they don’t like the outcome, they can appeal the Contracting Officer’s Final Decision. Two recent decisions address what happens when you have a new idea after the fact.
Read MoreFrom time to time, I see a government contracts case that sends chills down my spine. A recent decision painfully reminds me of how the law governing our unique parcel in the vast lands of the legal world is rife with hard-to-see pools of quicksand that can trap even the most sophisticated contractors.
Read MoreThe Department of Labor is set to publish a Notice of Proposed Rulemaking proposing the largest overhaul to Davis-Bacon Act regulations in 40 years.
Read MorePresident Biden issued an Executive Order on February 4, 2022 that will require contractors to enter into project labor agreements for large scale federal construction projects. Although PLAs have been “encouraged” for some time, this order will transform this preference into an absolute requirement.
Read MoreThe Department of Labor announced yesterday the Wage and Hour Division plans to hire 100 investigators this year. For sure, they’ll be earnest and energized. That’s why a solid grounding in the wage and hour laws affecting the government contractor community will be a powerful tool to ensure you get a fair shake.
Read MoreIncreasing a minimum wage rate sounds simple enough. However, in our world of federal contracting, simple ideas often get kinda complicated. Here are some of the tasks you need to do as the new Contractor Minimum Wage Executive Order gets rolled out.
Read MoreThere’s a new rule in town that kicks the definition of “commercial item” out of the Federal Acquisition Regulations (“FAR”) and replaces it with separate definitions for “commercial product” and “commercial service.” While this is not a substantive change, it should make life easier.
Read MoreThe Department of Labor has now issued its final rule implementing a raise in the minimum wage for workers who perform on or in connection with federal contracts. Here are some thoughts about the new regs and how the new $15 per hour rate may require contractors to devote renewed attention to whether their employees are receiving the required minimum.
Read MoreMany federal contractors are being asked to accept contract modifications to implement President Biden’s vaccine mandate. So, what will compliance look like? For now, things are a bit vague; however, we hope the roll-out of this mandate will be reasonable. Contractors should be allowed some flexibility if they’re making good-faith efforts to cajole their workforces into being fully vaccinated.
Read MoreThe evolving COVID-19 vaccine mandates for federal employees and contractor employees are a work in progress. New Executive Orders that will require near universal vaccination of employees are replacing the vaccine-or-test mandate issued mere weeks ago. Read on for more about the new requirements and the confusion that may ensue in the meantime.
Read MoreUPDATE: President Biden is expected to announce executive orders that will mandate universal vaccination for federal workers and contractor employees with no testing option. We will post an update when the expected orders are issued. Federal contractor employees who work on Government sites must comply with President Biden’s vaccine or test policy. Must contractors pay employees for their time to get tested if they refuse to get a vaccine? Must contractors foot the bill for the tests? So far, these questions are going unanswered.
Read MoreOn July 21, the Department of Labor (“DOL”) published proposed regulations that implement President Biden’s Executive Order establishing a $15 an hour minimum wage for workers who perform on or in connection with federal contracts. While this is a new rule, it’s nearly identical to the existing federal contractor minimum wage requirements. Thus, what was clear before is still clear. What wasn’t, isn’t.
Read MoreWage and Hour Opinion letters provide much-needed guidance regarding the application of various requirements of the Fair Labor Standards Act. While one can raise questions over the validity of a specific opinion, the long term value of these opinions outweighs any one decision.
Read MoreGovernment Contract claims for monetary relief under the Contract Disputes Act must demand “the payment of money in a sum certain.” Read on to consider the pitfalls that can arise when you have more than one way of framing your claim.
Read MoreMost federal workers will have tomorrow off in observance of the newly declared Juneteenth federal holiday. We previously posted a blog about the National Day of Mourning observing the death for President George H.W. Bush. While tomorrow’s celebration of freedom is so different from a day of mourning, they share the trait of being unexpected federal holidays that have an impact on federal contractors. Read on to learn more about the issues and options available when faced with an unexpected federal holiday.
Read MoreThe Service Contract Act requires federal service contractors to provide certain fringe benefits to their employees. Some contractors pay cash in lieu of providing the benefits. Since the Fair Labor Standards Act requires payment of overtime based on a regular rate of pay, there’s a question as to whether cash-in-lieu payments must be added to wages to come up with the regular rate of pay. Read on to see how the Department of Labor and several courts reach different conclusions and how contractors should weigh their options.
Read MoreThat seemingly benign boilerplate is not toothless throw-away verbiage. When negotiating a contract modification that pays a claim or resolves a dispute, consider whether there are contingencies you might be waiving. Bottom line - stop and think before you sign.
Read MoreIncreasing service contract employee wages is laudable. Likewise, there should be robust and fair enforcement to ensure adherence to applicable laws, wage rates, and benefits. However, true reform must also include sound acquisition policy that incentivizes competitive compensation and benefits for employees and simplifies the process of finding the correct wage rates under the Service Contract Act.
Read MoreCan you get debarred and lose your federal contracts for a Service Contract Act violation? In a word, yes. However, proactive contractors can minimize the consequences of an otherwise honest mistake—the commission of which is not uncommon.
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