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Service Contract Act 2016 Summary of Develpments

This 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.

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Service Contract Act, Wage & Hour, Government Contracts, By Daniel AbrahamsDaniel AbrahamsMay 17, 2018
Sporadically engaged consultants and experts -- the overtime eligible elite

Employers may owe overtime and even fringe benefits to their highly paid but hourly consultants and experts who are sporadically engaged.

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FLSA, Service Contract Act, By Daniel AbrahamsDaniel AbrahamsMay 9, 2018
Update on Bid Protests: GAO e-filing, protest filing fees and "enhanced" debriefings.

GAO has implemented a new electronic filing system and a $350 filing fee; DoD will now respond to written questions following a required debriefing.

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By Howard Wolf-Rodda, Bid Protest, Government ContractsHoward Wolf-RoddaMay 3, 2018
Baseball and the FLSA: We Need a "Save America From Special Business Interests Act"

Major League Baseball keeps Congress busy bestowing special wage and hour perks.

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Service Contract Act, Davis-Bacon Act, Wage & Hour, By Daniel AbrahamsDaniel AbrahamsMay 2, 2018
Bid protest reforms: spoiled wine in a new bottle

Sometimes bid protest “reform” is a clever disguise for anything but reform.

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Bid Protest, By Daniel AbrahamsDaniel AbrahamsApril 26, 2018
The PAID Program Under the FLSA: Everything Old Is New Again.

DOL 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.

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Wage & Hour, Service Contract Act, FLSA, By Daniel AbrahamsDaniel AbrahamsApril 19, 2018
Commercial Exempt Service Contract Act Work: Now you see it; now you don't

The 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.

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Service Contract Act, GSA Schedule, By Daniel AbrahamsDaniel AbrahamsApril 11, 2018
Double Modified Half-Time -- The Overtime Pay "Half" Solution

Employers who want to pay straight time rather than time and one-half premium overtime pay, can do so, albeit indirectly, if they structured their employment agreement accordingly.

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Wage & Hour, FLSA, By Daniel AbrahamsDaniel AbrahamsApril 4, 2018
Is my widget on the Schedule or not? Labels matter, except when they don't.

Agencies generally can't buy unlisted, off-schedule "open market" items from a Federal Supply Schedule contractor on a noncompetitive basis. Here's how CMS got tripped up by this seemingly simple rule.

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By Howard Wolf-Rodda, Government Contracts, Bid Protest, GSA ScheduleHoward Wolf-RoddaMarch 30, 2018GSA Schedule, IT
Superstition -- When Is an Employee First Right of Refusal Required?

While President Trump has revoked several of the Obama era procurement-related executive orders, the so-called “Nondisplacement” Executive Order (“EO”) first issued in 2009 has survived.

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Executive Orders, By Daniel AbrahamsDaniel AbrahamsMarch 28, 2018
Who is the patsy? Additive Sick Leave for Unionized Service Contracts

Successor 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.

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Executive Orders, Service Contract Act, By Daniel AbrahamsDaniel AbrahamsMarch 20, 2018
Don't Jump the Shark! Getting Reimbursed for Labor Settlements

Don't jump the shark! Sometimes patience rather than prompt corrective action is the best way to proceed when dealing with labor issues, if you want to be reimbursed by the Government.

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Government Contracts, Wage & Hour, By Daniel AbrahamsDaniel AbrahamsMarch 13, 2018
Two-Hatters: Overtime and Prevailing Wages for Workers in Dual Jobs

Calculating overtime pay and prevailing wages for employees working two different jobs can be hard.

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Wage & Hour, Service Contract Act, Davis-Bacon Act, By Daniel AbrahamsDaniel AbrahamsMarch 7, 2018
The FLSA, DBA and SCA “Posting” Requirement

The 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.

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Wage & Hour, Service Contract Act, Davis-Bacon ActDaniel AbrahamsFebruary 28, 2018
The Government Contractor: Pension Withdrawal Liability - The SCA trap

Employers 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.

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Service Contract Act, Government Contracts, By Daniel AbrahamsDaniel AbrahamsFebruary 21, 2018
The Civic Soul and the Government Shutdown

The Government just fell into another short shutdown before finally approving a budget. Not enough of us care for the public space.

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Government Contracts, By Daniel AbrahamsDaniel AbrahamsFebruary 19, 2018
Does the new $10.35 EO minimum wage apply if the DBA or SCA WD wage rate is less?

The 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)!

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Executive Orders, Service Contract Act, Wage & Hour, Davis-Bacon Act, By Daniel AbrahamsHoward Wolf-RoddaFebruary 8, 2018
DOL changes its position on interns

With the start of 2018, the US Department of Labor (“DOL”) took one more step to dismantle some of the legacy of the Obama-era labor policies.  

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Wage & HourHoward Wolf-RoddaJanuary 23, 2018Interns
DOL has withdrawn its independent contractor guidance

Back in 2015 and 2016, the Department of Labor (“DOL”) issued guidance on independent contractors known as Administrator’s Interpretations (“AI”) Nos. FLSA 2016-1 and FLSA 2015-1. 

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Wage & Hour, By Daniel Abrahams, Employment LawHoward Wolf-RoddaJanuary 23, 2018Independent Contractors
What kind of concurrent credit can contractors get for federal, state and local sick leave and vacation laws?

Contractors can be subject to a web of federal, state and local regulations and/or laws. This includes varying sick leave laws and requirements. 

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By Daniel Abrahams, Employment Law, Service Contract ActHoward Wolf-RoddaJanuary 22, 2018paid sick leave
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