Stobil appealed a Civilian Board of Contract Appeals decision to the Federal Circuit but could not show it was entitled to all of their wage rate increases were due to the new wage determination.
Read MoreThe ASBCA holds that FAR 22.404-12(c) does not require that notice be given to offers that they have the opportunity to escalate labor rates into their bid pricing even when the offers will not receive a price adjustment after a new Wage Determination is incorporated into the contract.
Read MoreAn Eastern District of New York Court holds that the Department of Labor is not bound by arbitration agreements to which the Department of Labor is not a party.
Read MoreThe Tenth Circuit holds that the Union in this case cannot compel the Contractor to arbitrate Davis-Bacon job classifications. However, the court did not hold that Davis-Bacon job classifications are not arbitrable. This article was written by our very own Kirby Rousseau for The Government Contractor publication.
Read MoreThe District of Columbia is allowing workers to bring a prevailing wage claim under the guise of a municipal statute, thereby eroding the rule that only DOL enforces the federal prevailing wage laws and there is no private cause of action.
Read MoreAfter being frozen for two years, the SCA H&W rates were modestly adjusted upwards by DOL effective July 16, 2021.
Read MoreThe Davis-Bacon Act contains different price adjustment clauses that are used in a variety of scenarios.
Read MorePer Bloomberg News, President Biden is reviewing his options with regard to updating President Obama’s Executive Order encouraging Project Labor Agreements.
Read MoreThe Fair labor Standards Act imposes a few additional requirements for employers with employees under the age of eighteen.
Read MoreThe new Federal Contractor Minimum Wage will make it difficult for contractors to bid on new contracts without knowing how the Government will compensate them for the cost of increased wages.
Read MorePresident Joe Biden signed an Executive Order increasing the federal contractor minimum wage to $15.00 an hour.
Read MoreThe Department of Labor released Field Assistance Bulletin 2021-2 returning the department to the prior practice of seeking pre-litigation liquidated damages in the majority of cases.
Read MoreU.S. Department of Labor decides to end the Payroll Audit Independent Determination program because they believe that worker are entitled to every penny they earn and the program allowed employers to escape liquidated damages and civil penalties.
Read MoreThe independent contractor and joint employer initiatives of the Trump Administration are headed for the graveyard.
Read MoreThe FLSA may permit employers to pay their salaried employees using a fluctuating work week (“FWW”) method that only results in a payment of a half-time premium for overtime hours worked.
Read MoreWhen it comes to proposal submission, late is late, for material RFP requirements, even if it is your subcontractor’s data which is untimely. It is a harsh but long-standing rule of law for offerors.
Read MoreEmployers who encourage employee participation in a vaccination plan through a one-time bonus, may run some wage and hour risks. There is a limited group of payments that can be excluded from the regular rate of pay. A Covdi-19 vaccination bonus isn’t one of those specifically identified payments. Since “no good deed goes unpunished” and with respect to nondiscretionary bonuses, the employer may have to worry about increasing their overtime liability for Fair Labor Standards Act (“FLSA”) covered employees if the bonus is found to be included in th eregular rate of pay. .
Read MoreWhen an employee performs work before traveling to the office, or after leaving the office, and has sufficient time to use for her own purposes, then the time spent traveling between home and the office is not compensable.
Read MoreDOL is scheduled to issue its final tip poling rules today. Meanwhile the DOL OIG recently found that the procedures DOL used back in 2017 to issue the proposed tip pooling rules were faulty. The OIG concludes that DOL did not follw a sound process in promulgating the proposed rules.
Read MoreDOL is on record of claiming jurisdiction over research and development (“R&D”) contracts under the SCA unless some other specific exemption applies.
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