Back to Basics: the Successor Contractor Rule Embodied In Section 4(c) of the Service Contract Act

This 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.

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Non-Standard Service Contract Act (“SCA”) Wage Determinations (“WDs”) Can Be an Unfair Trap for Unwary Contractors

DOL 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.

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Applicability of the Davis-Bacon Act to Workers Who Perform Testing, Adjusting and Balancing (“TAB”) Work on HVAC Systems (AAM No. 247)

Are 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?

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Are We Done Here? Filing Timely Bid Protests After a Written Debriefing

Experienced 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.”

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The One Big Beautiful Tax Bill Proves Why the FLSA Is Still the Most Important Law Enacted By Congress

My 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.

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Back to Basics: What is a Belo Plan, How Does It Impact Overtime Compensation, and Can Government Contractors Use Such a Compensation Method?

This 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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Wage and Hour Division Announces New Service Contract Act Health and Welfare Rates

On July 7, 2025, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued its annual All Agency Memorandum (“AAM”) that sets the health and welfare (“H&W”) fringe benefit rates for Service Contract Act (“SCA”) covered contracts. The update went into effect upon its issuance and has been incorporated into DOL Wage Determinations (“WDs”).

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Pay Up You Deadbeat: Frequency of Payment of Wages on U.S. Government Contracts

How often employers must run their payroll for federal government contract work is dependent on the contract terms and where you are performing the work. The requirement usually varies from weekly to monthly, but employers need to review both your contract and state and local wage laws and regulations. The answer is that “it depends.”

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More Changes at DOL: FLSA Liquidated Damages Off the Table During Wage and Hour Investigations

The Trump Administration announced on June 25, 2025, that investigators of the Department of Labor’s (DOL) Wage and Hour Division (WHD) no longer will be authorized to seek the payment of liquidated damages for Fair Labor Standards Act (FLSA) violations during the course of prelitigation investigations. This policy is the latest development in the Administration’s roll-back of wage and hour policies implemented by the Biden Administration.

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Life on a Floating Home at Wandesforde’s Dock, 2037 Fairview Ave E, Unit # B, Seattle, WA 

My recent real estate interest has been a brewing controversy involving Wandesforde’s Dock, an unusual floating home community situated on Lake Union in Seattle, WA. This blog covers the personal story of my interest in real estate and my sister’s purchase of a floating home at 2037 Fairview Ave E, Unit # B, Seattle, WA  98102.

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Wage and Hour Opinion Letters are Back!

The Department of Labor’s Wage and Hour Division is relaunching its opinion letter program. While these opinion letters are aimed at the broader private sector, they’re particularly valuable for government contractors because compliance with basic wage and hour law is a cornerstone for fulfilling their prevailing wage obligations.

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Back-to-Basics: A Short Primer on the Walsh-Healey Public Contracts Act (“PCA”)

Here is a summary of the requirements of the Walsh-Healey Public Contracts Act (“PCA”), the federal wage law which covers supply and manufacturing contractors. Basically, the PCA only requires the FLSA minimum wage be paid, but still imposes child labor, overtime, health and welfare, posting, and recordkeeping requirements. In the conclusion, I tell two recent WHPCA-related war stories about cases I had involving hybrid contracts.

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