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 MoreFalsifying payroll records, paying bonuses instead of premium overtime pay, and being a general scofflaw gets you double damages and civil money penalties. No Virginia, crime does not pay.
Read MoreThe Department of Labor is set to publish a Notice of Proposed Rulemaking proposing the largest overhaul to Davis-Bacon Act regulations in 40 years.
Read MoreUnder the Fair Labor Standards Act (“FLSA”), employers owe a minimum wage to their employees for all hours worked. This blog examines how that minimum wage obligation can be satisfied.
Read MoreDOL wants to annualize fringe benefit contributions, especially pension monies, to get contractors to pay Davis-Bacon Act fringe benefits even for non-Davis-Bacon Act work. This is variously called the annualization rule or the effective annual rate calculation. But some courts have refused to enforce the DOL annualization requirment.
Read MoreThe Department of Labor published the annual increase in Civil Money Penalties due under the Contract Work Hours and Safety Standards Act and the Walsh-Healey Public Contracts Act.
Read MoreIncreasing a minimum wage rate sounds simple enough. However, in our world of federal contracting, simple ideas often get kinda complicated. Here are some of the tasks you need to do as the new Contractor Minimum Wage Executive Order gets rolled out.
Read MoreDepartment 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 MoreThe 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 MoreThe Department of Labor has now issued its final rule implementing a raise in the minimum wage for workers who perform on or in connection with federal contracts. Here are some thoughts about the new regs and how the new $15 per hour rate may require contractors to devote renewed attention to whether their employees are receiving the required minimum.
Read MoreStobil appealed a Civilian Board of Contract Appeals decision to the Federal Circuit but could not show it was entitled to all of their wage rate increases were due to the new wage determination.
Read MoreThe ASBCA holds that FAR 22.404-12(c) does not require that notice be given to offers that they have the opportunity to escalate labor rates into their bid pricing even when the offers will not receive a price adjustment after a new Wage Determination is incorporated into the contract.
Read MoreOfferors are entitled to a SCA price adjustment for increased costs incurred for vacation pay benefits during a contract renewal option period. Savvy offerors will exclude those vacation benefit costs for their bid costs in order to get a compeittive advantage. But this doesn’t work for existing employees or those hired from the predecessor contractor, who are entitled to a grant of vacation benefits in the base term of the contract.
Read MoreAn Eastern District of New York Court holds that the Department of Labor is not bound by arbitration agreements to which the Department of Labor is not a party.
Read MoreThe 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 MoreWhen bidding on and pricing US government extended term fixed price contracts, contractors need to price in the possibility that state minimum wages will exceed the SCA or DBA wage levels, and require an escalation be paid, but the contracting agency will not adjust the contract price for that occurrence.
Read MoreThe District of Columbia is allowing workers to bring a prevailing wage claim under the guise of a municipal statute, thereby eroding the rule that only DOL enforces the federal prevailing wage laws and there is no private cause of action.
Read MoreUPDATE: President Biden is expected to announce executive orders that will mandate universal vaccination for federal workers and contractor employees with no testing option. We will post an update when the expected orders are issued. Federal contractor employees who work on Government sites must comply with President Biden’s vaccine or test policy. Must contractors pay employees for their time to get tested if they refuse to get a vaccine? Must contractors foot the bill for the tests? So far, these questions are going unanswered.
Read MoreJust 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.
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