Just what you have been waiting for all your life — here is a short policy providing for the pre-payment or advanced payment of SCA vacation benefits to new workers who otherwise would have no paid leave, particularly in their first year of employment. Please note, it remains unclear whether DOL will approve of the use of such a policy, but then you are no worse off than before.
Read MoreAfter being frozen for two years, the SCA H&W rates were modestly adjusted upwards by DOL effective July 16, 2021.
Read MoreOn July 21, the Department of Labor (“DOL”) published proposed regulations that implement President Biden’s Executive Order establishing a $15 an hour minimum wage for workers who perform on or in connection with federal contracts. While this is a new rule, it’s nearly identical to the existing federal contractor minimum wage requirements. Thus, what was clear before is still clear. What wasn’t, isn’t.
Read MoreHere is an unofficial “form”, with some minor edits and adjustments made by us, which requires subcontractors to acknowlege their obligations with repect to the prevailing wage laws. It is no panacea or substitute to good flow down of subconract terms, but in one page it does an effective job of emphasizing the duties being imposed on the subcontractor, and thus can help avoid misunderstandings or minimize inadvertent errors.
Read MoreThe Davis-Bacon Act contains different price adjustment clauses that are used in a variety of scenarios.
Read MoreWage and Hour Opinion letters provide much-needed guidance regarding the application of various requirements of the Fair Labor Standards Act. While one can raise questions over the validity of a specific opinion, the long term value of these opinions outweighs any one decision.
Read MorePer Bloomberg News, President Biden is reviewing his options with regard to updating President Obama’s Executive Order encouraging Project Labor Agreements.
Read MoreThe following is a checklist of some best practices to follow when bidding on prevailing wage work like the Davis-Bacon Act or the Service Contract Act.
Read MoreMost federal workers will have tomorrow off in observance of the newly declared Juneteenth federal holiday. We previously posted a blog about the National Day of Mourning observing the death for President George H.W. Bush. While tomorrow’s celebration of freedom is so different from a day of mourning, they share the trait of being unexpected federal holidays that have an impact on federal contractors. Read on to learn more about the issues and options available when faced with an unexpected federal holiday.
Read MoreThe Service Contract Act (“SCA”) can apply to state and local governments, including public universities performing research and other government contracts. But when it comes to those public entities, they may have a loophole to get a special wage determinaton.
Read MoreThe award of an emergency follow-on contract to a new successor contractor doesn’t change the operation of the Service Contract Act (“SCA”) Section 4(c) succcessor contractor rule. The follow-on contract is still subject to the wages and fringe benefits set forth in the collective bargaining agreement (“CBA”) entered into by the predecessor contractor.
Read MoreThe new Federal Contractor Minimum Wage will make it difficult for contractors to bid on new contracts without knowing how the Government will compensate them for the cost of increased wages.
Read MoreThe SCA bars contractors from allocating their own plan administrative expenses towards compliance with the prevailing H&W fringe benefit However, this doesn’t bar an employer from claiming a credit for the expenses borne by the benefit plan. This dichotmy sometimes produces disputes and misunderstandings. Lately, DOL has been eying a more aggressive stance on administrative expenses.
Read MorePresident Joe Biden signed an Executive Order increasing the federal contractor minimum wage to $15.00 an hour.
Read MoreThe Department of Labor released Field Assistance Bulletin 2021-2 returning the department to the prior practice of seeking pre-litigation liquidated damages in the majority of cases.
Read MoreU.S. Department of Labor decides to end the Payroll Audit Independent Determination program because they believe that worker are entitled to every penny they earn and the program allowed employers to escape liquidated damages and civil penalties.
Read MoreThe child labor laws have long prohibited minors from performing time sensitive delivery services. The idea is they are too tender and inexperienced as drivers, and it is unsafe work. Recently, a pizza palor business learned that ancient taboo the hard way, with DOL imposing civil money penalties for child labor violations.
Read MoreIn with the new and out with the old. Marty Walsh takes the helm at DOL and new proposed rulemaking and pull backs of the Trump Administration’s tip credit initiatives continue apace. Elections have consequences.
Read MoreThe independent contractor and joint employer initiatives of the Trump Administration are headed for the graveyard.
Read MoreThe FLSA may permit employers to pay their salaried employees using a fluctuating work week (“FWW”) method that only results in a payment of a half-time premium for overtime hours worked.
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