Posts in By Kirby Rousseau
No Second Bite at the Apple; ASBCA holds that Contractor Can’t Recover Under FAR 52.222-30 for Increase in Davis-Bacon Act Wages.

The 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.

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Davis-Bacon Classification Decision Was Not Arbitrable, Tenth Cir. Holds

The 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.

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Getting Back on the Horse - District of Columbia Plaintiffs May Have Found a Way to Privately Enforce Prevailing Wages

The 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.

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Is a Covid-19 Vaccination Bonus Included in the Regular Rate of Pay?

Employers 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. .

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