Your Department of Labor (“DOL”) has been hard at work this summer. And as Labor Day was on the horizon, it made sense that two more of their summer projects would find their way to my inbox.
Read MoreIf you furnish a qualified health care benefit to workers under Hawaii law, then you are allowed to pay a lower health and welfare (“H&W”) benefit under the Service Contract Act (“SCA”).
Read MoreA recent decision by the Armed Services Board of Contract Appeals presents a fact pattern the likes of which would rival the finest of law exams. This mess all arose out of a contracting agency’s failure to include the Service Contract Act. Read on to learn why this case should be read with caution.
Read MoreHere is a practical guide to doing research on whether federal government facilities and lands are federal enclaves such that the application of state employment laws (including state or local wage and hour laws) are barred.
Read MoreSomething old, some things new… DOL publishes final rule that represents the most significant overhaul of its Davis Bacon Act regulations in over 40 years. Numbering over 800 pages, the new rule and its commentary offers a lot to chew on. Here are some highlights.
Read MoreUnder the Service Contract Act (“SCA”), negotiated CBA wage rates can be lower than the prevailing wage rate, and the CBA is not automatically displaced by the higher SCA wages or benefits set forth in a prevailing wage determination.
Read MoreA recent decision issued by the Court of Federal Claims discusses what happens if an employee says he plans to leave, but hasn’t departed, the company putting him forward as a key person for a contract. Read on for some thoughts about how this decision affects what can happen if a key person decides to bail.
Read MoreWe have two different Contractor Minimum Wage Executive Orders. One requires a $12.15 minimum wage. The other requires a $16.20 an hour minimum wage. But the curious thing is they both use the same FAR section clause number — FAR 52.225-55. Confused.? So am I.
Read MoreBan TikTok on all devices. Sound simple enough, but is it? Yeah, maybe not. Read on for some thoughts about what’s required to comply with the new federal contract clause that implements the ban of TikTok and ByteDance apps on federal “information technology” whatever that really means.
Read MoreThe new Service Contract Act (“SCA”) health and welfare (“H&W”) rates are out and made effective to new solicitations and contracts on June 27, 2023. Except for in Hawaii, the new H&W rates are $4.57 an hour if the sick leave executive order applies, and $4.98 an hour if it doesn’t.
Read MoreExplaining how we ended up with two different names for our construction and service contract wage laws and why the Department of Labor’s naming preference is superior.
Read MoreGovernment contractors, at least as an investment option, continue to underperform the S&P 5000 average. The lack luster 2023 year to date returns (and downright losses) come on the heals of a miserable 2022 performance. If you are working for a government contractor and invested heavily in its stock, perhaps you should be wishing for a recession to revive your lagging performnce.
Read MoreWhen we’re assisting clients respond to Department of Labor investigations, one question that regularly comes up is “what can I say to my employees about all this?” We may have a range of suggestions depending on the circumstances, but we’ll never advise you to hire a fake priest to dupe employees into confessing workplace sins.
Read MoreNo surprise. Women want the same thing men want — better pay and more flexible working arrangements. And the Boomers want a more secure retirement.
Read MoreThe Department of Labor’s Wage and Hour Division issued a rare opinion letter last week responding to an inquiry about the calculation of Family and Medical Leave Act (FMLA) leave when a employee works an FMLA-reduced schedule during a week that has a holiday. Read on to find out how to compute the amount of FMLA consumed in this scenario.
Read MoreThere is a new DOL Bulletin setting forth the requirements to accommodate employees who wish to pump breast milk while working. It gives remote workers the same rights as those who have returned to or never left the workplace.
Read MoreConventional wisdom holds that bid protests are an uphill battle. It can be tough to win them. And sometimes when you win, you still lose because the contract’s still awarded to your competitor. A recent bid protest decision illustrates how a successful protest prompted the agency to appoint a new evaluation team that changed the outcome.
Read MoreThe federal backstop to enforcement of child labor laws is still at work even as some states let down their guard.
Read MoreContractors who are experienced in the world of multiple award contracts likely are familiar with how the small business regulations operate under those contract vehicles. However, there are some wrinkles. Small businesses that are considering whether to dive into this world should learn more about the maze of small business regulations so they can anticipate the potential pitfalls that could come with success.
Read MoreAn entity called the Foundation for Government Accountability is lobbying to maneuver various measures to water down state regulation of child labor laws. This is morally wrong. Reasonable child labor rules and enforcement are not inconsistent with a belief in limited government or pro-business policies.
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