The interaction between show up pay requirements and the Service Contract Act (“SCA”) Price Adjustment clauses (FAR 52.222-43 and -44) is ambiguous, and this is thus a cause of potential disputes between contracting agencies and the federal contractors
Read MoreSometimes federal contractors are working on goverment installations and find themselves being sued under state or local wage and hour laws. In exceptional crcumstances, these state causes of action may be barred by the federal enclave doctrine, which makes federal law supreme over certain government properties where the state has receded from jurisdiction.
Read MoreGovernment service contractors working at federal facilities that have closed down for a day of mourning should review their contracts and wage determination(s) carefully and make sure they don’t cover events, like Presidential funeral closures, and if they do, follow them to get reimbursed, if possible for the cost of the day off.
Read MoreThe National Defense Authorization Act of 2018 (NDAA) was enacted roughly one year ago. In the midst of the NDAA’s customary laundry list of mandates, Congress directed the Department of Defense (DoD) to provide new “enhanced” debriefing rights. Where do things stand today?
Read MoreGSA announced it will consolidate its 24 Multiple Award Schedules into a single contract vehicle. One. Really? Yes. One.
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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 MoreAppeals centered on whether the proper of Service Contract Act (“SCA”) wage determination (“WD”) has been incorporated into the contract go to the US Department of Labor (“DOL”) and are not addressable under the Contract Disputes Act (“CDA”) process.
Read MoreThe Contractor Minimum Wage goes up by 2.4%. It is, of course, an automatic increase mandated by President Obama Executive Order. The Trump Administration is no fan of minimum wage increases. No similar inflation adjustment happens to the FLSA.
Read MoreThe time line for a SCA covered employer to reconcile the health and welfare (“H&W”) cash benefits potentially depends on the type of wage determination (“ WD”) found in the contract. There are different rules for different kinds of WDs.
Read MoreDOD should closely scrutinize Police Department community relations records before transfering them military weapons, and refrain from fanning the flames of the already agitated relationship between police and the public.
Read MoreThe intelligence agencies have some “funny “special clauses for implementing the Service Contract Act which say all a contractor has to do is comply to the “maximum extent practicable”, but require the contractor to get their own SCA wage determinations, and instruct the contractor never to touch base with DOL. Is this enforceable?
Read MoreAs the US Department of Labor learned, when the Government behaves oppressively, vexatiously, and/or in bad faith, it can be held responsible to pay the Contractor’s attorney’s fees.
Read MoreThe SBA Inspector General reported last week that of 56 sole source contracts awarded to self-certified women owned small businesses (WOSB) 50 were not awarded in compliance with applicable regulations. The IG went on to find that "the firms that received those contracts did not comply with the program’s self-certification requirements." Thus, there was "no assurance" that the companies were eligible to receive the awards.
Read MoreThe Lear Siegler price adjustment case remains an often cited precedent in SCA price adjustment and omitted wage determination cases. This is a reprint of an article I wrote in The Government Contractor on my own case almost a dozen years ago.
Read MoreThis is a piece I prepared for the ThomsonReuters Year in Review Conference held in Feb. 2017 which is reprinted with their permission and summarizes the SCA events of 2016.
Read MoreGAO has implemented a new electronic filing system and a $350 filing fee; DoD will now respond to written questions following a required debriefing.
Read MoreAgencies generally can't buy unlisted, off-schedule "open market" items from a Federal Supply Schedule contractor on a noncompetitive basis. Here's how CMS got tripped up by this seemingly simple rule.
Read MoreDon't jump the shark! Sometimes patience rather than prompt corrective action is the best way to proceed when dealing with labor issues, if you want to be reimbursed by the Government.
Read MoreEmployers hoping to be reimbursed by the Government for pension withdrawal liability payments imposed pursuant to the Multi-Employer Pension Plan Amendment Act (MPPAA) recently had a wrench thrown into their plans.
Read MoreThe Government just fell into another short shutdown before finally approving a budget. Not enough of us care for the public space.
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