The 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.
Read MoreOn 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”).
Read MoreHow 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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This is a blog about the death of my childhood friend, Thomas Kurihara, and the bonds we forged by playing poker together over many years.
Read MoreThe 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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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 MoreIf you thought President Biden’s Executive Order mandating the use of Project Labor Agreements was dying on the vine, think again. The Office of Management and Budget just told federal agencies that Biden’s Executive Order remains in effect. Is this the final word? Probably not.
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The Walsh-Healey Public Contracts Act (“PCA”) is perhaps the least known and understood of the wage and hour laws. This blog examines the lives of the two legislative sponsors for which the Act is eponymously named — Senator David I. Walsh and Representative Arthur D. Healey.
Read MoreThe 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 MoreHere 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 MoreThe Department of Labor’s Wage and Hour Division’s newsfeed dried up when the Trump administration came into office. Could the newsfeed drought be over? Possibly - WHD just announced two recent enforcement actions, one of which concerns the potential for bonus payments to require the payment of boosted overtime rates.
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We are running up to the 60th anniversary of the McNamara-O’Hara Service Contract Act of 1965, the federal prevailing wage and fringe benefit law protecting US Government contract service employees. This blog discusses the legacy of the two principal legislative sponsors of the Act.
Read MoreDOL just published a new Field Assistance Bulletin to guide Wage and Hour Division field staff in how they should analyze whether workers have properly been classified as independent contractors or employees. So, is there anything new? Well, yes and no…
Read MoreOrdinarily, 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 MoreA recent decision issued by the Armed Services Board of Contract Appeals highlights how contractors might be forced to take a loss if they underbid their offers to perform service contracts.
Read MoreEmployers 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.
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