Per 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 MoreGovernment Contract claims for monetary relief under the Contract Disputes Act must demand “the payment of money in a sum certain.” Read on to consider the pitfalls that can arise when you have more than one way of framing your claim.
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 Fair labor Standards Act imposes a few additional requirements for employers with employees under the age of eighteen.
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 Service Contract Act requires federal service contractors to provide certain fringe benefits to their employees. Some contractors pay cash in lieu of providing the benefits. Since the Fair Labor Standards Act requires payment of overtime based on a regular rate of pay, there’s a question as to whether cash-in-lieu payments must be added to wages to come up with the regular rate of pay. Read on to see how the Department of Labor and several courts reach different conclusions and how contractors should weigh their options.
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 MoreThat seemingly benign boilerplate is not toothless throw-away verbiage. When negotiating a contract modification that pays a claim or resolves a dispute, consider whether there are contingencies you might be waiving. Bottom line - stop and think before you sign.
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 MoreIncreasing service contract employee wages is laudable. Likewise, there should be robust and fair enforcement to ensure adherence to applicable laws, wage rates, and benefits. However, true reform must also include sound acquisition policy that incentivizes competitive compensation and benefits for employees and simplifies the process of finding the correct wage rates under the Service Contract Act.
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 MoreCan you get debarred and lose your federal contracts for a Service Contract Act violation? In a word, yes. However, proactive contractors can minimize the consequences of an otherwise honest mistake—the commission of which is not uncommon.
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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