News & Analysis as of

Service Contract Act

Bankruptcy Fails to Save Contractor from Multimillion Dollar SCA Back Wage Liability

by PilieroMazza PLLC on

Any contractor who has been subject to a Department of Labor (“DOL”) investigation knows what unease feels like, even if there is no reason to believe the company will be subject to liability. One of the first questions we...more

Compliance with Executive Order 13706 – Paid Sick Leave for Federal Contractors

Executive Order (“EO”) 13076, signed by President Barack Obama on September 7, 2015, established paid sick leave for federal contractors. Specifically, this EO requires certain parties that contract with the Federal...more

Weekly Update Newsletter - August 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Launches New HUBZONE Maps and Partners with U.S. Digital Service to Streamline and Enhance Online Services for Small Businesses” U.S. Small Business Administration Press Release, July...more

H&W is Increasing and Includes Offsets for Mandated Sick Leave. What Now?

by PilieroMazza PLLC on

Effective August 1, 2017, the Service Contract Act (“SCA”) health and welfare (“H&W”) benefit amount increased from $4.27 per hour to $4.41 per hour. See, Department of Labor (“DOL”) All Agency Memorandum Number 225, issued...more

SCA Contractors: Fringe Benefit Rate to Increase With Adjustment for Executive Order 13706

For those government contractors that perform work on contracts covered by the McNamara-O’Hara Service Contract Act (SCA) and are also subject to Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal...more

Increase In 2017 Service Contract Act Health & Welfare Rate; Lower Rate For Contracts Covered By Federal Paid Sick Leave EO

by Jackson Lewis P.C. on

The U.S. Department of Labor has released its annual memorandum with the rate increase for Service Contract Act (SCA) Health and Welfare (H&W) Fringe Benefits. The new rate of $4.41 per hour (up from the 2015-2016 rate of...more

Implementing A Service Contract Act Compliant Paid Leave Policy

by PilieroMazza PLLC on

Administering a paid leave policy that works for your entire workforce and is Service Contract Act compliant is challenging in and of itself. Add to this complexity, a growing number of states and localities that are passing...more

Untangling Service Contract Act Vacation and Sick Leave Requirements - Set-Aside Alert

by PilieroMazza PLLC on

Complying with Service Contract Act (“SCA”) leave requirements is challenging, even more so if service employees live in a state or country with local sick leave laws or if the contract is subject to Executive Order 13706,...more

Federal Circuit Denies Claim Under SCA Price Adjustment Clause for Pension Withdrawal Liability

by Holland & Knight LLP on

Last month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Court of Federal Claims upholding and NASA’s denial of a claim in the amount of about $2 million for reimbursement pension...more

PilieroMazza Legal Advisor - Second Quarter 2017

by PilieroMazza PLLC on

Special Labor and Employment Issue - This issue of the Legal Advisor is a special edition focusing entirely on Labor and Employment topics. The articles in this issue highlight challenges we often encounter and help...more

Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from...

by Bass, Berry & Sims PLC on

On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1...more

Government Contracting and Executive Orders Under a Trump Administration (Part Two)

by Snell & Wilmer on

How will President-Elect Trump handle paid sick leave for federal government contractors? On the campaign trail, President-Elect Trump stated he would support six weeks of paid maternity leave. But the paid sick leave...more

Federal Court Enjoins "Blacklisting" Rule, but Contractors Are Not Out of the Woods Yet

by BakerHostetler on

On Oct. 24, 2016, a U.S. District Court issued a preliminary injunction restraining the U.S. Government from implementing the “Fair Pay and Safe Workplaces” Executive Order and the related Final Rule and Guidance...more

Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge

by Bass, Berry & Sims PLC on

On October 24, 2016, U.S. District Judge Marcia Crone granted a preliminary injunction to halt the implementation of the “Fair Pay and Safe Workplaces” Executive Order 13673 (EO 13673), implementing provisions of the Federal...more

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

by Holland & Knight LLP on

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take...more

Department of Labor Issues Final Rule Establishing Paid Sick Leave for Federal Contractors

by Alston & Bird on

On September 30, 2016, the U.S. Department of Labor (DOL) released the Final Rule Establishing Paid Sick Leave for Federal Contractors. The Final Rule requires some federal contractors and subcontractors to provide up to...more

Department of Labor Issues Final Rule Implementing Executive Order Requiring Paid Sick Leave for Employees of Federal Contractors

On September 29, 2016, the Department of Labor (“DOL”) issued regulations (the “final rule”) implementing Executive Order 13706, which requires federal contractors to provide paid sick leave to their employees. According to...more

No Rest for the Weary: Breaking Down DOL’s New Paid Sick Leave Mandate for Federal Contractors

The regulatory onslaught for federal contractors just won’t stop. The “contractor blacklisting” regulations implementing Executive Order 13673, Fair Pay and Safe Workplaces are set to take effect by the end of this month....more

Fair Pay and Safe Workplaces Regulation, a/k/a Federal Contractor Blacklisting Regulation

by Davis Wright Tremaine LLP on

On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...more

DOL’s Final Rule on Sick Leave Takes Effect: Contractors Have Until Year’s End to Comply

On September 29, 2016, the DOL released a final rule requiring federal contractors to provide seven days of paid sick leave annually. More than 35,000 individuals and organizations submitted comments on the DOL’s proposed...more

DOL Issues Final Rule Requiring Covered Federal Contractors to Provide Paid Sick Leave

by Stinson Leonard Street on

Covered federal contractors must provide their employees a minimum of 56 hours of paid sick leave per year, pursuant to a final rule issued by the U.S. Department of Labor (DOL) on September 30, 2016. The new paid sick leave...more

Department of Labor Issues Final Rule Requiring Federal Contractors to Provide Paid Sick Leave

On September 30, 2016, the Department of Labor (DOL) published the Final Rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors” (EO 13706) requiring federal...more

Department of Labor Issues Final Rules Governing Sick Leave for Federal Government Contractors

On September 30, 2016, the U.S. Department of Labor (DOL) issued its final regulations governing the requirement for certain federal government contractors to provide paid sick leave for covered employees. For many...more

Final Rule on Paid Sick Leave Requirement for Federal Contractors

by Faegre Baker Daniels on

On September 29, 2016, the U.S. Department of Labor (DOL) issued its Final Rule requiring certain federal contractors and subcontractors to provide paid sick leave to covered employees. The Final Rule was long awaited...more

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