It is well-known that the procuring agencies dislike the application of the Service Contract Act (“SCA”) to their unionized contracts because it offers too many opportunities for the contractor to game the system. If you want to game the system, here is a short primer.
Read MoreUnder the SCA, the employee gets credit for all service with the employer and with any predecessor contractor unless there has been a break in service which disrupts the continuity of employment. Determining what constitues a break in service is a fact specific inquiry.
Read MoreThe compensability of meal time periods depends on the facts as well as the jurisdiction you work in. There is a spilt amoung the circuits as to what it means to be completely relieve of duties such that no compensation is due.
Read MoreThe intelligence agencies have some “funny “special clauses for implementing the Service Contract Act which say all a contractor has to do is comply to the “maximum extent practicable”, but require the contractor to get their own SCA wage determinations, and instruct the contractor never to touch base with DOL. Is this enforceable?
Read MoreSecTek overcomes long odds to reverse a CBCA decision and after three more rulings obtains an adjustment for a CBA wage and fringe benefit increase negotiated pursuant to the Service Contract Act Price Adjustment clause.
Read MoreThe poular assumption is that employers only have to reconcile their SCA fringe bnefit plans quarterly, i.e., every three months. But like must popular delusions, that assumption can be wrong.
Read MoreHazardous duty pay differentials are called for in SCA WDs for certain kinds of explosive work, but there is little or no guidance about how to implement the requirements.
Read MoreThe Lear Siegler price adjustment case remains an often cited precedent in SCA price adjustment and omitted wage determination cases. This is a reprint of an article I wrote in The Government Contractor on my own case almost a dozen years ago.
Read MoreThis is a piece I prepared for the ThomsonReuters Year in Review Conference held in Feb. 2017 which is reprinted with their permission and summarizes the SCA events of 2016.
Read MoreEmployers may owe overtime and even fringe benefits to their highly paid but hourly consultants and experts who are sporadically engaged.
Read MoreMajor League Baseball keeps Congress busy bestowing special wage and hour perks.
Read MoreDOL announced a new pilot Payroll Audit Independent Determination (“PAID”) program, which allows self-reporting and is intended to expedite resolution of inadvertent overtime and minimum wage violations FLSA.
Read MoreThe scope of the commercial exemption to the Service Contract Act was narrowed considerably, but only recently has that change trickled down to most GSA scheduled contract work.
Read MoreSuccessor contractors must be prepared to pay EO sick leave benefits in addition to the other benefits set forth in the CBA, and those EO sick leave benefits likely are not a credit towards either SCA vacation or H&W benefits.
Read MoreCalculating overtime pay and prevailing wages for employees working two different jobs can be hard.
Read MoreThe Fair Labor Standards Act (“FLSA”) has a posting requirement which applies to most government contractors. Here are some things to consider to make sure your company is doing it right.
Read MoreEmployers hoping to be reimbursed by the Government for pension withdrawal liability payments imposed pursuant to the Multi-Employer Pension Plan Amendment Act (MPPAA) recently had a wrench thrown into their plans.
Read MoreThe answer depends on when the contract was originally awarded and what clauses have been incorporated therein originally or by subsequent contract modifications. Read your contract(s)!
Read MoreContractors can be subject to a web of federal, state and local regulations and/or laws. This includes varying sick leave laws and requirements.
Read MoreContracts resulting from federal government solicitations issued on or after Jan. 1, 2017, and contracts awarded outside the solicitation process on or after Jan. 1, 2017 (collectively, “new contracts”) may be subject to the federal sick leave Executive Order (“EO”) 13706.
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