DOL completed part of its deregulatory efforts yesterday when it fully revoked the regulations issued by former President Biden’s Administration on so-called nondisplacement of workers. The new DOL action involved the rescission of regulations published by the previous administration in 2023 requiring contractors and subcontractors to give qualified employees the right of first refusal of employment with a successor contract.
Read MoreI 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 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 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 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 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.”
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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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 $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 MoreGoverning by decree using executive orders is a terrible way of regulating government procurement. Both political parties should call a truce, and stop issuing procurement related executive orders.
Read MorePresident Trump’s DEI Executive Order is an attempt to turn the ship of state on a dime with respect to anti-discrimination and diversity policies. Among other things, the order will require contractors and grantees to certify they don’t operate programs promoting DEI. The consequence of being wrong? — potential False Claims Act liability.
Read MoreDOL has issued a new payroll reporting form for government construction contractors performing Davis-Bacon work for recordkeeping purposes and is forcing them to certify their fringe benefits and wage deductions weekly. Employers who mess up the new weekly fringe benefit and wage deduction reporting thus can be subject to heavy sanctions -- including allegations they submitted false payrolls and/or failed to report improper wage deductions.
Read MoreThe US Department of Labor (“DOL”) announced actions it is taking to combat what it calls “coercive ‘fine print’ provisions” in employment agreements. One such action led to an injunction that barred a company from using its employment agreement to shift the cost of a wage and hour suit onto the very truck drivers who brought the claim. So, be advised—DOL is reading your fine print.
Read MoreThe Government Accountability Office ("GAO") whiffed in its recent decision in the Maximus Federal Services bid protest. The contractual Labor Harmony Agreement ("LHA") clause violates the FAR neutrality mandates, and a long line of previous decisions says GAO could have stepped up and curbed this excess. It was a missed opportunity for GAO to do the right thing.
Read MoreLast week, a Texas Federal Court granted a permanent injunction that strikes down the Federal Trade Commission’s (“FTC”) much-maligned ban on employee non-compete agreements. Many tout this ruling as a HUGE victory for employers. But which employers? Current ones? Future ones? Perhaps “we have met the enemy and he is us” (thanks Walt Kelly and Pogo).
Read MoreSome changes agencies make to US Government contracts may vary existing rules and thus constitute deviations to the Federal Acquisition Regulation (“FAR”). Deviations to the FAR require approval of the FAR Council. The contracting agency is not free to implement special contract terms which deviate from the FAR without securing that approval.
Read MoreThe timing of when to add a new Service Contract Act (“SCA”) wage determination (“WD”) to a contract for remote workers can get rather complex. It depends on the facts. And the guidance is rather sparse. Here we try to parse the rules and offer some practical guidance.
Read MoreCongress is seeking to legislate to restrict Federal employee remote work arrangements. Meanwhile, the private sector and government contractors are embracing remote work arrangements. Here are my own ambiguous views on remote work.
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