“…. insurgent agents were in the city seeking to destroy it without war -- seeking to dissolve the Union, and divide effects, by negotiation. Both parties deprecated war; but one of them would make war rather than let the nation survive; and the other would accept war rather than let it perish. And the war came.”
— Lincoln, Second Inaugural
Read MoreDeclaring Election Day a national holiday isn’t exactly a novel idea. While the 2020 Presidential election may be the most participated U.S. election in recent memory, more can always be done to remove the obstacles faced by each voter. Accordingly, we make a modest proposal that Election Day be made a mandatory paid holiday with guaranteed time off to vote. Let’s tip a glass of cider to a new Democracy Day holiday!
Read MoreThe Department of Labor recently issued an FLSA opinion letter that addressed whether highly educated part-time executive trainers are exempt learned professionals. The opinion provides a useful reminder that, while there are many nuances that complicate the assessment of FLSA exemptions, the analysis always requires the consideration of duties, method of payment, and the amount of pay. Hence, the answer to whether a particular employee might be exempt often may be yes—but no.
Read MoreOn August 31, 2020 the U.S. Department of Labor (DOL) published an official Opinion Letter regarding the new “retail concept” regulations expanding the reach of the overtime exemption of the Fair Labor Standards Act (“FLSA”) based on new rules it had promulgated on May 19, 2020. DOL found that a previously ineligible industry — oil field services/waste management — was now eligible for the Section 7(i) overtime exemption to the FLSA. Thus, DOL has lit the way for more enterprises to use his overtime exemption.
Read MoreComments on new independent contractor proposed rules are due by Oct. 22, 2020. Don’t expect any major changes in the final rules as a result of your comments.
Read MoreThe Department of Labor (“DOL”) recently issued guidance regarding an employer’s obligation under the FLSA to track the number of hours of compensable work performed by employees who are teleworking. Essentially, employers are required to exercise reasonable diligence in monitoring work hours without discouraging employees from reporting their legimate hours worked. Read on to learn our take on this new guidance.
Read MoreIf you are inclined to inform on your neighbor or employer, the Trump Administration has set up a new hotline number at 202-343-2008 or you can email OFCCPComplaintHotline@dol.gov and let them know if a government contractor is violating the new diversity training Executive Order.
Read MoreThe Trump Administration isn’t necessarily a lame duck, but it sure is acting like it by rushing employment law regulations and Executive Orders into place like this is their last chance. We have seen this show before, and it usually doesn’t end that well.
Read MoreA Contracting Officer’s choice of what industry classification (aka NAICS code) applies to a contract can determine whether a business is or is not eligible to compete for a small business set aside contract. It all comes down to the size standards applicable to the chosen category. Read on to learn more about the implications of such classifications and whether you can do something about a bad choice.
Read MoreEffective January 1, 2021, Federal Government contractors will be required to pay certain employees working on or in connection with a Government contract at least $10.95 an hour. This is a 15 cent an hour increase (i.e., 1.4%) over the current Contractor Minimum Wage.
Read MoreThe Fair Labor Standards Act (“FLSA”) has certain recordkeeping requirements that employers need to observe. This blog covers some of those requirements and the timekeeping and rounding practices that are permissible.
Read MoreThe Small Business Adminstration (“SBA”) recently changed the process by which companies can obtain certification as Women-Owned Small Businesses (WOSB) or Economically Disadvantaged Small Businesses (EDWOSB). Self-certification no longer is an option. Here’s what companies need to know to obtain new certifications or to figure out if your current certification might be in jeopardy.
Read MoreWhen new employees start work on a SCA covered contract, the employer faces a connundrum with respect to vacation bnefits. The employer can furnish the benefits immediately, and just pay benefits in excess of the SCA, resulting in payments above the minimum prevailing wage and impairing its right to a price adjustment the next option year. Or it can pay no vacation benefits, or just give leave without pay, and demoralize the new workers. But there is a third although relatively infrequently used course of action called an advanced or prepayment agreement or policy whereby the worker elects to receive the vacation benefit immediately on hiring, but the employer reserves the ability to get a credit for furnishing the benefit on the next anniversay date of employment.
Read MoreDon’t let the Boards of Conract Appeals fool you. Contractors have 120 days to appeal decisons to the Federal Circuit. Sitting on your claim for reimbursement is never a good idea. Once you get a final decision, the appeal clock is running.
Read MoreA new Executive Order was issued on August 3, 2020 to require reports be created by federal contracting agencies on use of foreign labor on government contracts and to discourage the employment of H-B1 Visa holders on federal government contracts.
Read MoreMany service contracts require that certain jobs, i.e., “key positions,” be held by highly qualified personnel dedicated to the project. So, what happens if that rock star project manager you spent months recruiting for a “key position” bails out on you in the middle of the competition to win the very contract the rock star was proposed to manage?
Read MoreThe DOL has issued final FLSA regulations defining the joint employmrent relationship and narrowing the application of the rule.
Read MoreThe Government has several avenues to pursue damages when a contractor commits fraud, including bringing its own False Claims Act suit or joining a proxy qui tam lawsuit. But what happens when the Government’s mistake leads to a contractor’s damages? In a recent case, a contractor invoked the so-called Spearin doctrine to recover legal fees from an erroneous qui tam lawsuit.
Read MoreDOL requires the annual use or cash out of the vacation benefit under the SCA and does not allow covered workers to bank or carry forward the unused vacation leave into another anniversary period .
Read MoreEmployers facing the pressure of Covid-19 or different business slowdown, and considering a reduction of exempt employee pay and hours of work, may be relieved to know that a bona fide reduction of hours due to financial exigencies will not prevent an employee from still qualifying as exempt. if still paid over the miminum salary threshold.
Read More
