Here’s a gentle reminder. New federal contractor minimum wage rates went into effect on New Year’s Day. Federal contractors should be sure they have revisited their payrolls to verify their wage rates are where they should be. Read on for a refresher about what should be considered.
Read MoreThe Congressional Review Act (“CRA”) gives Congress a shot at nullifying executive branch regulations. Look for the Republicans to try to invoke it as we approach election day and in the next session of Congress thereafter, depending on the election outcome.
Read MoreNew Davis-Bacon Act (“DBA”) regulations went into effect at the end of October 2023. Among other things, they purport to make the DBA clauses and wage determinations apply by operation of law. But they also provide for price adjustments for contractors. Exactly how it plays out is yet to be determined, but it might be prudent for the contractor to take any omitted clauses or wage determination problem slowly, and not just jump ahead into supposed compliance only to find out they have a fight to get a price adjustment.
Read MoreThe Service Contract Act (“SCA”) Price Adjustment clause provides for certain timely notices to be given by both the Government and the contractor. This blog explores several timeliness issues which can show up as a result of late notice furnished by either the Government or the contractor.
Read MoreThe DOL and IRS effort to fight misclassification of independent contractors soldiers onward here in 2023.
Read MoreUse or lose leave policies are generally not permissible when it comes to Service Contract Act (“SCA”) vacation benefits.
Read MoreThe Inflation Adjustment Act comes with extended tax credits, but also with extended liabilities. Owners of alternative energy projects who want to claim the extended credits need to devote resources to complying with the Davis-Bacon Act. There is no free ride.
Read MoreOn January 1, 2024, if no further injunctions are issued or appeals are decided, a new federal government contractor minimum wage as high as $17.20 will go into effect.
Read MoreLast week a Texas judge rejected President Biden’s Executive Order that requires federal contractors to pay a minimum wage when they are working on or in connection with a covered federal contract. This is the latest installment in the ongoing battle over the President’s use of Executive Orders to direct federal contractors to adopt workplace rules under the federal Procurement Act.
Read MoreDOL’s new DBRA regulations has some clarifications and guidance as to its future treatment of benefit plan administrative expenses charged by third party administrators to various DBRA and SCA H&W plans. Get ready for more enforcement actions by DOL to disallow plan expenses and for more disputes between employers and TPAs over the cost of such fees.
Read MoreIf you furnish a qualified health care benefit to workers under Hawaii law, then you are allowed to pay a lower health and welfare (“H&W”) benefit under the Service Contract Act (“SCA”).
Read MoreHere is a practical guide to doing research on whether federal government facilities and lands are federal enclaves such that the application of state employment laws (including state or local wage and hour laws) are barred.
Read MoreThe new Service Contract Act (“SCA”) health and welfare (“H&W”) rates are out and made effective to new solicitations and contracts on June 27, 2023. Except for in Hawaii, the new H&W rates are $4.57 an hour if the sick leave executive order applies, and $4.98 an hour if it doesn’t.
Read MoreExplaining how we ended up with two different names for our construction and service contract wage laws and why the Department of Labor’s naming preference is superior.
Read MoreWhen we’re assisting clients respond to Department of Labor investigations, one question that regularly comes up is “what can I say to my employees about all this?” We may have a range of suggestions depending on the circumstances, but we’ll never advise you to hire a fake priest to dupe employees into confessing workplace sins.
Read MoreNo surprise. Women want the same thing men want — better pay and more flexible working arrangements. And the Boomers want a more secure retirement.
Read MoreThe federal backstop to enforcement of child labor laws is still at work even as some states let down their guard.
Read MoreAn entity called the Foundation for Government Accountability is lobbying to maneuver various measures to water down state regulation of child labor laws. This is morally wrong. Reasonable child labor rules and enforcement are not inconsistent with a belief in limited government or pro-business policies.
Read MoreHere are some observations on forty years of practicing wage & hour law.
Read MoreEmployers can pay extra shift premiums to exempt workers, if they wish, without impacting the salary basis of compensation, provided that they kept the amount of the shift premium reasonable in relation to the amount of total compensation.
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