Posts in Employment Law
Court Holds Challenge to SCA Coverage of Cooperative Agreement Not Ripe for Appeal Due to Lack of Final Agency Action 

A U.S. District Court judge holds that a contractor had not received final agency action to allow an Administrative Procedure Act suit. Thus a challenge to DOL’s determination that the Service Contract Act applies to cooperative agreements is not ripe for appeal.

Read More
Biden Executive Order Mandates Project Labor Agreements for Federal Construction Projects

President 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 More
The Tide of DOL Opinion Letters Has Ebbed and There Likely Won’t Be Many More Under the Current DOL Administration. That is too bad.  

Department of Labor Wage and Hour Opinion Letters follow the ebb and flow of conservative and liberal executive administrations. When President Biden was inaugurated, we began a period where new Opinion Letters are a scarcity. This follows the practice of previous liberal administrations.

Read More
When Your Contracting Officer Rejects an Adjustment for Base Year Labor Increases in a Service Contract Act Covered Contract, Look to the East!

The Service Contract Act price adjustment clause prohibits an adjustment for changes to the contract in the base year of performance. However, in some situations, the contractor is entitled to an adjustment through the Changes clause of their contract.

Read More
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.

Read More