I have looked at the FAR Part 22 labor and employment provision changes in the proposed Revolutionary FAR Overhaul. To my eyes they don’t seem so “revolutionary.” Mostly, what they do is move the interpretive regulations to the new FAR Companion or other resources. That may reduce their importance. And that may make it easier to evade compliance. But that isn’t likely to change much for the prevailing wage field since the FAR regulations were simply a restatement of the Department of Labor’s (“DOL’s”) Part 4 and 5 regulations found in 29 Code of Federal Regulation. Those DOL regulations have been around for a long time. Taking provisions out of the regulatory book (yet leaving DOL’s regulatory scheme in place) and leaving existing statutory provisions on the books, does NOT constitute a “revolution.”
Read MoreValuing a parking space or the absence thereof in a real estate transaction is more art than science. Some of the factors to consider include the cost to build it, the revenue it could generate, and how scarce parking is in the community..
Read MoreDue to the shutdown, furlough, and perhaps policy confusion, DOL has yet to announce the new federal Contractor Minimum Wage to be effective January 1, 2026.
Read MoreI won’t bury the lede – I’m retiring. This will be my last AWR blog post.
Read MoreThe end of the Government shutdown comes with some surprising off year election results.
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It is buyer beware when it comes to buying aging condos and co-ops. If the HOA fees are too low, worry about deferred maintenance cost. If the HOA fees are high, look to see what additional maintenance and capital expenses are coming, and worry about what else can go wrong.
Read MoreI’ve been on the lookout for what the Revolutionary FAR Overhaul would do to FAR Part 22 that governs the application of federal labor laws to government contracts. As it turns out, the overhauled Part 22 mostly reorganizes, but doesn’t rewrite, the regulations. That said, the interim “new 22” could spawn confusion during the transition to final new 22.
Read MoreMake no mistake about it — the fault for the continuing Federal Government shut down rests with the President. And the impact on government contractors and their workers is now going to be significant.
Read MoreEmergency pay is not one of the items excluded from the regular rate of pay and, therefore, as DOL opined, it must be included in the overtime formula and thus acts to boost up the amount of overtime premium pay due the worker.
Read MoreThe Wage and Hour Division recently opined that a restaurant can claim a tip credit for oyster shuckers who work “front-of-house” at an oyster bar because they are among the kinds of employees who regularly and customarily receive tips.
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It looks like a tale of two cities for the government contracting community here in 2025. A few big weapons producers and aerospace contractors, on one side, are very prosperous and optimistic, and everyone else fighting for a smaller pile of scraps and keeping their lips buttoned down.
Read MoreGovernment service contractors need to exercise restraint and avoid bidding on work involving unionized contractors with insolvent union pension plans. They are a trap for the unwary.
Read More“Freddy’s back!” Is it an nightmare on Elm Street? Once again DOL has instituted a PAID program for voluntary self-audit and payment of FLSA and FMLA errors. But think carefully before you dive in.
Read MoreThis back-to-basics blog just touches on a few of the many possible issues that come up under the SCA section 4(c) successor contractor rule. That rule can require successor contractor to pay not less than the wages and fringes set forth in the predecessor’s collective bargaining agreement. It is a very complex area of the law, and it is one place where the engagement of competent SCA counsel may aid in dealing with disputes.
Read MoreDOL is issuing so-called non-standard Service Contract Act (“SCA”) wage determinations (“WDs”) using a numbering scheme which deceives contractors and results in inadvertent violations of the rules regarding furnishing of health & welfare (“H&W”) benefits.
Read MoreThe Trump Administration just revoked a Biden-era Executive Order that, among many other things, led to a ban on noncompete clauses in employment agreements. A Texas injunction rendered the FTC’s regulation a dead letter. President Trump’s order just made that dead letter deader.
Read MoreAre workers who perform testing, adjusting and balancing (“TAB “) work on heating, ventilating, and air conditioning (“HVAC”) systems “laborers or mechanics” to whom Davis-Bacon requirements may be applicable? Under what circumstances is TAB work on HVAC systems part of the construction, alteration, and/or repair on a DBA-covered project, and hence subject to DBA labor standards?
Read MoreExperienced federal contractors know (or better know) that the deadlines for filing a protest at the Government Accountability Office (“GAO”) are short and are strictly enforced. To minimize the risk of an untimely protest, contractors must consider whether the issuance of the written debriefing means that the debriefing has concluded. Of course, the answer is “it depends.”
Read MoreMy candidate for the most important law enacted by Congress is the Fair Labor Standards Act (“FLSA”). This law had perhaps the greatest economic impact upon the most Americans of any legislation. And its legacy endures even today, as it makes an appearance in the so-called One Big Beautiful Tax Bill as the instrument to partially deliver Trump’s promised no tax on overtime.
Read MoreThis blog goes back-to-basics explains the origin of and requirements to set up a so-called “Belo plan” for overtime compensation. Belo plans are a form of guaranteed overtime compensation. Failed Belo plans, which don’t meet the legal requirements, are still guaranteed fixed salaries for the scheduled hour paid, and thus may be eligible for half-time coefficient premium treatment.
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