Posts in Wage & Hour
Deep in the Heart of Texas: Injunction Bars Federal Contractor Minimum Wage

Last week a Texas judge rejected President Biden’s Executive Order that requires federal contractors to pay a minimum wage when they are working on or in connection with a covered federal contract. This is the latest installment in the ongoing battle over the President’s use of Executive Orders to direct federal contractors to adopt workplace rules under the federal Procurement Act.

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Who Will Be the Bag Holder -- the TPAs or the Employers -- for the Admin Fees DOL Recently Disallowed For Davis-Bacon Act and Maybe SCA H&W plans?

DOL’s new DBRA regulations has some clarifications and guidance as to its future treatment of benefit plan administrative expenses charged by third party administrators to various DBRA and SCA H&W plans. Get ready for more enforcement actions by DOL to disallow plan expenses and for more disputes between employers and TPAs over the cost of such fees.

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Trees Don’t Grow to the Sky: New Service Contract Act Health and Welfare Levels Are Finally Set

The new Service Contract Act (“SCA”) health and welfare (“H&W”) rates are out and made effective to new solicitations and contracts on June 27, 2023. Except for in Hawaii, the new H&W rates are $4.57 an hour if the sick leave executive order applies, and $4.98 an hour if it doesn’t.

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Facing an FLSA Investigation? Here's a Pro Tip - Don't Hire a Fake Priest

When we’re assisting clients respond to Department of Labor investigations, one question that regularly comes up is “what can I say to my employees about all this?” We may have a range of suggestions depending on the circumstances, but we’ll never advise you to hire a fake priest to dupe employees into confessing workplace sins.

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Back to Basics: SCA Price Adjustments on Cost Reimbursement and Hybrid Contracts

Service Contract Act (“SCA“) covered fixed priced contracts generally have one of two FAR clauses for price adjustments — either FAR 52.222-43 or -44. But there are different price adjustment clauses and provisions for cost reimbursement contracts. Where the SCA provisions and the standard cost reimbursement clauses overlap is in hybrid contracting, involving both fixed price and cost reimbursement CLINS. In those circumstances the overlapping price adjustment issues can be murky.

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What the. . .? Another Arrest for Failure to Respond to DOL Subpoena

DOL recently announced that US Marshals arrested a New York restaurateur for failure to respond to a subpoena as part of a Fair Labor Standards Act investigation. This is the second such arrest in the last few months. As I said in my blog about the first arrest - things simply go better when employers take DOL investigations seriously.

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Help Is on the Way – Polish Your Resume to Become a Procuring Agency Labor Advisor

Just out — a White House memorandum directing all federal contracting agencies to hire labor advisors to help coordinate with DOL and comply with the laws regarding labor and employment which pertain to federal procurements. This includes especially the Service Contract Act and the Davis-Bacon Act, but also many other labor requirements and Executive Orders.

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