Under The Families First Coronavirus Response Act (“FFCRA”), employers must pay the coronavirus leave in addition to any other leave requried by the prevailing wage laws. There is no credit or offset. As to whether government contractors must also pay additional health and welfare benefits, on top of the virus leave, for the time being that ball is up in the air, awaiting DOL clarification, although prudent employers may decide to pay it nonethless in the interim given the uncertainty.
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 MoreThe Davis-Bacon Act (“DBA”) still applies to military privitization construction projects, and they are treated differently than the commercial development litigated in the City Center case.
Read MoreThe wage and hour section of the beta.sam.gov website continues to be debeviled with small problems and offers diminished resources to the public.
Read MoreResponding to Department of Labor investigations is not a simple exercise. While you are required to cooperate, provide documents and access to employees, you are not obligated to accept an investigator’s findings and you can question them. But, before you push back, be thoughtful. And,don’t forget to check the math.
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 MoreOn Thursday June 14, 2019 the Department of Labor (“DOL”) shut down their old wage determination online website at WDOL.com and transferred the information to https://beta.sam.gov/help/wage-determinations.
Read MoreCheryl M. Stanton has assumed the office of the Wage and Hour Administrator and is now in charge of the Wage and Hour Division of the US Department of Labor.
Read MoreThe DOL OIG recently conducted an audit into the practice of issuing wage determinations by the Wage and Hour Division and found they had a long way to go in trying to issue timely Davis-Bacon Act wage determinations.
Read MoreOn June 13, 2019 WDOL.gov is finally supposed to be moving to SAM.gov and you should be able to find your official wage determinations there for Davis-Bacon Act and Service Contract Act procurements.
Read MoreThe Contract Work Safety Standards Act (“CWHSSA”) is a federal government contractor wage law that regulates overtime. It now provides for liquidated damages in excess of $25 a day for every day an employer violates the Act.
Read MoreContrary to the usual assumptions that DOL is going to look back at least two years, sometimes it is perfectly appropriate for DOL to forgo back wages and just seek prospective corrective action.
Read MoreThe announcement of three new appointments to the DOL Administrative Review Board (“ARB”), each for a two year term, is a modest step forward. Now the ARB has a quorum and can get to work. The three new members are William Thomas Barto, James A. Haynes, and Daniel T. Gresh.
Read MoreThe principles which determine whether or not time spent in travel is working time will depend on the kind of travel involved and the particular circumstances .
Read MoreUnlike the Copeland Anti-Kickback Act, which covers most US Government construction projects, the Service Contract Act does not dictate the weekly payment of wages. So while Davis-Bacon Act covered construction workers' wages must be paid weekly, other federal laws like the SCA do not necessarily require such frequency of payment.
Read MoreLook for President Trump to triangulate and try to reach compromises with the new House Democratic majority on the FLSA minimum wage and infrastructure bills. This means a moderate minimum wage increase, increased Davis-Bacon Act activity, and perhaps even a a push for family leave are coming into focus in the next Congress.
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Gilbert J. Ginsburg, a giant of the government contracts/wage and hour world passed away Oct. 26, 2018. This is my personal remembrance of the impact of Gil on my life.
Read MoreIt pays to carefully check the DOL regulations and, if necessary, get the advice of counsel when determining whether travel time is compensable for nonexempt staff.
Read MoreThe Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in Fiscal Year 2018.
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