The Director of Defense Pricing and Contracting recently issued a memo to guide contracting officers in response to the impacts of inflation on federal contracts. Read on to find out how there’s some hope for future contracts, but little relief for contractors who hold existing fixed-price contracts.
Read MoreAdministrative Review Board interprets DOL’s de minimis standard for truck drivers working on a DBA covered worksite.
Read MoreCareful drafting of CBAs, particularly on service contracts, should include some attention to language expressly making any state mandated fringe benefits into a CBA contractual requirement. At least that would be prudent for a contractor looking to get a price adjustment for state mandated benefits.
Read MoreThe refusal of the Government to pay for undisputed costs unless the contractor signs a release of all costs (disputed or not) seems heavy handed. A recent case holds that a government contractor cannot claim that the release was obtained through economic duress when litigation is an alternative.
Read MoreThe Department of Justice makes an inflationary adjustment to Civil Money Penalties for the second time in six months.
Read MoreLawyers and law firms too get picked on by DOL for FLSA violations — usually misclassification, working time and overtime problems. Just because you have a law degree doesn’t mean you understand the law.
Read MoreThe Supreme Court this week agreed to hear an appeal to resolve differing interpretations of the Department of Labor’s “salary basis” regulations. Both sides are adamant that the “plain text” of one provision or the “plain terms” of another compel their favored result—that a highly compensated employee should, or should not, be entitled to overtime pay.
Read MoreThe Department of Labor continues to seek liquidated damages in pre-litigation settlements for violations of the Fair Labor Standards Act.
Read MoreThe SCA rules for carry forward of leave turn logic and worker rights on their head. It is like Alice in Wonderland.
Read MoreContractors who have disputes with the Government must first submit a claim to their Contracting Officer for a final decision. If they don’t like the outcome, they can appeal the Contracting Officer’s Final Decision. Two recent decisions address what happens when you have a new idea after the fact.
Read MoreA 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 MoreFrom time to time, I see a government contracts case that sends chills down my spine. A recent decision painfully reminds me of how the law governing our unique parcel in the vast lands of the legal world is rife with hard-to-see pools of quicksand that can trap even the most sophisticated contractors.
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 MoreBimbo Bakeries USA Inc. (“Bimbo”) agreed to pay monies for allegedly refusing to hire women as bakers and related occupations on their government baking contracts in violation of Executive Order 11246.
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 MorePresident Biden issued an Executive Order on February 4, 2022 that will require contractors to enter into project labor agreements for large scale federal construction projects. Although PLAs have been “encouraged” for some time, this order will transform this preference into an absolute requirement.
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 publishes a webpage hoping to educate the public about which types of projects under the Bipartisan Infrastructure Law will be covered by the Davis-Bacon Act.
Read MoreThe Department of Labor announced yesterday the Wage and Hour Division plans to hire 100 investigators this year. For sure, they’ll be earnest and energized. That’s why a solid grounding in the wage and hour laws affecting the government contractor community will be a powerful tool to ensure you get a fair shake.
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