DoD recently issued a “new” rule to implement a prohibition of confidentiality agreements that would forbid employees or subcontractors to report waste, fraud or abuse. While there’s nothing actually “new,” read on to refresh your understanding of the rule and how you can ensure that your confidentiality agreements won’t run astray.
Read MoreWorkers don’t get to pick whether they should be classified as independent contractors or as employees. The burden is on the employer to do the classification analysis. And that burden will just get tighter when the Biden Administration proposed regulations get finalized.
Read MoreThis blog will serve as my final blog at Abrahams Wolf-Rodda. I have accepted a position with another law firm located in Washington D.C. in the Labor and Employment practice group. Thank you to all of the readers of my blogs. By Kirby M. Rousseau.
Read MoreBack in August 2022, I was puzzled by the small annual increase in the Service Contract Act (“SCA”) health and welfare rate which jumped by only 5%. At that time raging inflation was exceeding 8%-9%. Now I think I have some idea of what was going on. The CPI was overestimating the health insurance inflation.
Read MoreMany (if not most) of the myriad laws, regulations, and executive orders that apply to federal contractors each come with their own requirements to notify employees of the existence of these laws and their rights under them. For every rule, there’s a poster. News flash: they change - All. The. Time.
Read MoreA New Hampshire Federal Court orders a North Conway restaurant to pay $148,128 in back wages and liquidated damages to 31 employees for violating the FLSA.
Read MoreFreddy’s back! DOL is tinkering with the independent contractor rules yet again. And one Philadelphia medical staffing company had to cough up $9.3M to cover the back wages, liquidated damages, and civil money penalties for going to far.
Read MoreThe presumption that agency officials act in good faith often excuses lackluster contract administration. In this case, the Court of Federal Claims held that, even when officials “earnestly” do their best, a lack of guidance can constitute a breach of the duty of good faith and fair dealing.
Read MoreDOL publishes a Notice on the Federal Register listing the new Federal Contractor Minimum Wage rates starting January 1, 2023.
Read MoreGovernment contractor stocks have generally performed mediocre over the last 21 months and have been a losing bet in an inflationary world.
Read MoreFederal contractors who hold multi-year fixed price contracts are feeling great pressure from this year’s high rates of inflation. DoD guidance issued in May essentially stated that these contractors should consider themselves up a well-known creek without a paddle. New guidance issued earlier this month offers a glimmer of hope by providing Contracting Officers a couple of options to provide relief to struggling contractors.
Read MoreDOL allows federal contractors to take a credit for the costs of their unfunded, self insured fringe benefit plan towards their SCA fringe benefit obligation as long as the plan is approved by DOL.
Read MoreNo Davis-Bacon Act price adjustment claims are allowed if the contract has a clause that requires wage and fringe benefit escalations be priced into the option year quotes.
Read MoreUnder Executive Orders issued by President Biden, and before him, President Obama, federal contractors must pay a minimum wage to their nonexempt employees who work on or “in connection with” many federal contracts. The “in connection with” aspect of these Orders can trip up even seasoned federal contractors.
Read MoreThe Department of Labor expands coverage of the Service Contract Act to another traditionally uncovered contract.
Read MoreThe explanation to the disconnect in the Federal survey employment reports is that perhaps many workers are taking two full-time jobs, and getting two paychecks, while they work remotely from home. Government contract employers beware!
Read MoreOn June 23, 2022, the U.S. Department of Labor issued its annual memo that sets health and welfare (“H&W”) fringe benefit rates for Service Contract Act (“SCA”) covered contracts. Over the last few years, the rates have barely moved an inch. This year, the rates are going up by about 4%.
Read MoreDOL publishes the Android version of their Timekeeping application.
Read MoreSometimes the wage and hour regulations cannot be taken literally. Instead, you need to figure out the regulatory intent. For example, the SCA and DBA regulations bar the employer from claiming a credit for paying social security, worker’s comp and unemployment premiums. These tax like payments are not fringe benefits. But other federal and state mandated benefit plans like Obamacare, Romneycare in Massachusetts, holidays, and leave are fringe benefits and can be credited towards compliance.
Read MoreA recent Maryland case demonstrates how state law can supplant federal law with respect to wage and hour obligations. Federal contractors must be vigilant to avoid getting caught in this sometimes quite tangled web.
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