Contrary 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 MoreEmployees who are highly compensated at the rate of $100,000 a year just need to have one exempt duty so long as the worker’s primary duty is the performance of office or nonmanual activities. This makes for a much more relaxed test of exempt status from minimum wage, overtime and prevailing wage requirements.
Read MoreWhen a covered service employee is given leave with or without pay for absences for sickness or injury, “there would not be a break in service” under the SCA rules, and the employee would be entitled to newly accrued but unused vacation benefits immediately upon his return to work.
Read MoreThe SCA is uncertain with respect to how to compensated a service worker who is just temporarily posted to a different locale than their home base. It has been said that contractors only have to ask for new WDs for the missing site, or pay the rate specified for a different site, if the temporarily assigned worker is going to be there for 2 months or more. Periods of time of less than 1 or perhaps 2 months are considered to be temporary postings and may not always trigger a new WD wage rate.
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 MoreAfter final arbitral award, a cost reimbursement contractor should have an opportunity to argue at the Board for the recovery the overtime backpay and other costs from the Federal government. There is no U.S. Department of Labor (“DOL”) procedures it has to exhaust first.
Read MoreThe 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.
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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 MoreBy changing the FLSA exemption interpretive rule from a “narrow construction” to a “fair reading” standard, the Supreme Court makes it all the more likely that employers have a better chance of prevailing in any exemption disputes.
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.
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.
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