It 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.
Read MoreIf employers don’t coerce or “require” employee participation in wellness programs, then the time spent therein is likely not working time under the FLSA or other federal wage and hour laws.
Read MoreThe new SCA H&W benefit rates are generally $4.48 per hour on or after July 11, 2018. But for SCA-covered contracts subject to Executive Order 13706 (the “Sick Leave E.O.”), the new rate is $4.18. And for contractors doing business in Hawaii, the H&W rate may be as low as $1.91.
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 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 MoreIt is well-known that the procuring agencies dislike the application of the Service Contract Act (“SCA”) to their unionized contracts because it offers too many opportunities for the contractor to game the system. If you want to game the system, here is a short primer.
Read MoreUnder the SCA, the employee gets credit for all service with the employer and with any predecessor contractor unless there has been a break in service which disrupts the continuity of employment. Determining what constitues a break in service is a fact specific inquiry.
Read MoreThe compensability of meal time periods depends on the facts as well as the jurisdiction you work in. There is a spilt amoung the circuits as to what it means to be completely relieve of duties such that no compensation is due.
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 MoreSecTek overcomes long odds to reverse a CBCA decision and after three more rulings obtains an adjustment for a CBA wage and fringe benefit increase negotiated pursuant to the Service Contract Act Price Adjustment clause.
Read MoreHazardous duty pay differentials are called for in SCA WDs for certain kinds of explosive work, but there is little or no guidance about how to implement the requirements.
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 MoreWhere there is only a single "skilled craft" set forth on the subject WD, DOL is willing to make those union wages and benefits the bench mark for all other skilled positions under the DBA, whether union or nonunion. By this sleight of hand, DOL can bootstrap union wages and benefit rates to all the nonunion positions. This conformance procedure is an abuse that can be reformed by the Trump Administration with the stroke of a pen.
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 MoreMajor League Baseball keeps Congress busy bestowing special wage and hour perks.
Read MoreDOL announced a new pilot Payroll Audit Independent Determination (“PAID”) program, which allows self-reporting and is intended to expedite resolution of inadvertent overtime and minimum wage violations FLSA.
Read MoreEmployers who want to pay straight time rather than time and one-half premium overtime pay, can do so, albeit indirectly, if they structured their employment agreement accordingly.
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 MoreCalculating overtime pay and prevailing wages for employees working two different jobs can be hard.
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