By 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 SCA doesn’t make the prevailing wage rate into a floor on rates in a section 4(c) unionized collective bargaining situation. The regulatory admonition that the prevailing wage floor “must be observed for any work performed on a contract subject to that determination” doesn’t apply since the contract is now subject to a section 4(c) wage determination.
Read MoreThe Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in Fiscal Year 2018.
Read MoreThe short answer is that a company that acquires all or substantially all the assets of another company and continues its operations — providing the same services in the same locations with the same employees and equipment — may be found liable for the wage-hour liabilities of the predecessor.
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 MoreDOL takes the position that “the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails.” Thus, in DOL’s view, logging on and logging off tasks are compensable working time. Is DOL right? Well perhaps not, but who wants to fight it out?
Read MoreThe Contractor Minimum Wage goes up by 2.4%. It is, of course, an automatic increase mandated by President Obama Executive Order. The Trump Administration is no fan of minimum wage increases. No similar inflation adjustment happens to the FLSA.
Read MoreThe SCA and DBA both provide that direct contractor payments of plan expenses are not deemed to be bona fide fringe benefit contributions. But that truism doesn’t tell the complete story. Plan expenses paid for by the plan do not invalidate otherwise bona fide contributions made by the employer to the plan under the prevailing wage laws.
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.
Read MoreThe 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.
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