New 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 MoreWe’ve been blogging about various aspects of the new Davis-Bacon rules that went into effect last month. We turn now to changes in the recordkeeping requirements applicable to all prime contractors and subcontractors.
Read MoreUse or lose leave policies are generally not permissible when it comes to Service Contract Act (“SCA”) vacation benefits.
Read MoreMany construction projects are made up of components that are fabricated at locations other than the place where a building or work is being erected. The Department of Labor’s recent revisions to the Davis-Bacon Act (“DBA”) regulations update its take on when work at a secondary site is DBA covered.
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 MoreEnacted in late 2022, the PUMP at Work Act expanded the right of nursing mothers to reasonable breaks and appropriate space to express breast milk in the first year of a child’s life. I recently ate at a small restaurant and wondered how it might be able to provide the space for a nursing mother. Barring truly significant hardship, my advice is to just figure it out.
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 MoreThe new proposed FLSA salary basis test regulation is a good thing.
Read MoreHere’s some old news that bears repeating. When it comes to prices offered to the Government to perform a fixed-price service contract, GAO won’t second guess the award of a contract with low-ball prices even though it might appear there’s no way the contractor would pay the minimum wage rates required by the Service Contract 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 MoreYour Department of Labor (“DOL”) has been hard at work this summer. And as Labor Day was on the horizon, it made sense that two more of their summer projects would find their way to my inbox.
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 MoreA recent decision by the Armed Services Board of Contract Appeals presents a fact pattern the likes of which would rival the finest of law exams. This mess all arose out of a contracting agency’s failure to include the Service Contract Act. Read on to learn why this case should be read with caution.
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 MoreSomething old, some things new… DOL publishes final rule that represents the most significant overhaul of its Davis Bacon Act regulations in over 40 years. Numbering over 800 pages, the new rule and its commentary offers a lot to chew on. Here are some highlights.
Read MoreUnder the Service Contract Act (“SCA”), negotiated CBA wage rates can be lower than the prevailing wage rate, and the CBA is not automatically displaced by the higher SCA wages or benefits set forth in a prevailing wage determination.
Read MoreA recent decision issued by the Court of Federal Claims discusses what happens if an employee says he plans to leave, but hasn’t departed, the company putting him forward as a key person for a contract. Read on for some thoughts about how this decision affects what can happen if a key person decides to bail.
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