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.

Read More
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.

Read More
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.

Read More
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.

Read More
Too Clever by Half Bidding Strategies for CBAs for SCA-Covered Contracts

Ordinarily, a party that signs a CBA after bidding on a government service contract, cannot pay less than the minimum wages and benefits set forth in that CBA come the next option year. And the price adjustment they are entitled to is based not on any lower bid price, but instead on the actual increased or decreased cost between the base year pay and the new option year pay. For that reason, the ASBCA got to the right result in a recent case. Albeit, the ASBCA also oversimplified the actual workings of section 4(c) of the SCA and how new CBA becomes binding on successor contractors. If there is no new CBA negotiated, it is possible that the SCA prevailing wage rates may displace the CBA rates in the option year, a situation the ASBCA appears to have ruled out. The occurrence of this event, however, doesn’t mean the contractor will get an upward adjustment in price. Indeed, if the contractor lowers the wages, then the Government gets a downward adjustment. And if the contractor increases the wages, they don’t get an “as bid” adjustment. They just get the differential between the old and new rates actually paid.

Read More
Can Service Contract Act Covered Employees Opt-Out of My Fringe Benefit Plan?

Employers furnishing Service Contract Act (“SCA”) compliant plans are advised to fully pay for the benefits, rather than require employees to contribute part of the expense. That applies to medical plans and 401K plans. This is more likely to assure that the workers can be compelled to take the benefit plans and cannot demand cash out of the bona fide benefits. You can’t compel SCA covered workers to contribute their own money to the benefit plan, and if you do try to do so, you provide an opportunity for workers to opt out and demand cash fringe benefits, which will cost the employer possible additional FICA, Medicare, FUTA, SUTA, and worker’s comp. payroll taxes.

Read More
Rearranging the Deck Chairs: GSA to Take Over Purchasing "Common Goods and Services"

President Trump signed an Executive Order entilled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” (“EO”). Issued on March 20, 2025, the EO’s main purpose is to transfer the purchasing of “common goods and services” from across the Government to the General Services Administration (“GSA”). Yeah, well, good luck with this.

Read More
Going; Going; Gone – Repeal of the $17.75 an Hour Contractor Minimum Wage

The $17.75 Contractor Minimum Wage Executive Order is rescinded. But the Obama-era $13.30 Contractor Minimum Wage Executive Order remains in place. That creates some confusion. It is my opinion that the workers formerly covered by the $17.75 an hour minimum wage are now covered by the $13.30 minimum wage, or any higher wage required by the prevailing wage laws or state or local government minimum wages.

Read More
Implementing President Trump's DEI Executive Order: GSA and Department of Defense Publish Class Deviations

GSA and DoD recently issued “Class Deviations” to implement President Trump’s Executive Order 14173 that repealed long-standing federal contract equal opportunity requirements. The deviations make significant changes to current and future solicitations and require the modification of existing contracts with more than six months remaining.

Read More
My Government Contract Just Got Terminated for Convenience. What Are My Rights? 

Something tells me we are about to get an explosion of termination disputes in our field of government contracts, and that the Boards of Contract Appeals and the Courts are going to have to sort out what is fair in the way of termination costs. So don’t believe the DOGE figures on cost savings. They haven’t any idea how much the termination of government contracts for convenience is going to cost them.

Read More