The 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 MoreDOD should closely scrutinize Police Department community relations records before transfering them military weapons, and refrain from fanning the flames of the already agitated relationship between police and the public.
Read MoreThe intelligence agencies have some “funny “special clauses for implementing the Service Contract Act which say all a contractor has to do is comply to the “maximum extent practicable”, but require the contractor to get their own SCA wage determinations, and instruct the contractor never to touch base with DOL. Is this enforceable?
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 MoreThe SBA Inspector General reported last week that of 56 sole source contracts awarded to self-certified women owned small businesses (WOSB) 50 were not awarded in compliance with applicable regulations. The IG went on to find that "the firms that received those contracts did not comply with the program’s self-certification requirements." Thus, there was "no assurance" that the companies were eligible to receive the awards.
Read MoreThe poular assumption is that employers only have to reconcile their SCA fringe bnefit plans quarterly, i.e., every three months. But like must popular delusions, that assumption can be wrong.
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 MoreLegal counsel can increase the chances you'll be made whole when changes occur. You just might get the Government to pay for that advice.
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 MoreEmployers may owe overtime and even fringe benefits to their highly paid but hourly consultants and experts who are sporadically engaged.
Read MoreGAO has implemented a new electronic filing system and a $350 filing fee; DoD will now respond to written questions following a required debriefing.
Read MoreMajor League Baseball keeps Congress busy bestowing special wage and hour perks.
Read MoreSometimes bid protest “reform” is a clever disguise for anything but reform.
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 MoreThe scope of the commercial exemption to the Service Contract Act was narrowed considerably, but only recently has that change trickled down to most GSA scheduled contract work.
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 MoreAgencies generally can't buy unlisted, off-schedule "open market" items from a Federal Supply Schedule contractor on a noncompetitive basis. Here's how CMS got tripped up by this seemingly simple rule.
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