On September 8, 2020, the Southern District of New York struck down a recent Department of Labor (DOL) final rule that changed the standard of joint employment under the Fair Labor Standards Act (FLSA). The court determined...more
9/17/2020
/ Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unions ,
Wage and Hour
Effective January 1, 2021, the Executive Order (the Order) minimum wage rate that generally must be paid to workers performing work on or in connection with covered government contracts will increase to $10.95 per hour, while...more
Compliance with the Service Contract Act (SCA), now referred to as the Service Contract Labor Standards, is a challenge for many companies. Understanding applicability, wage determinations, health and welfare benefits, and...more
Compliance with the Service Contract Act (SCA), now referred to as the Service Contract Labor Standards, is a challenge for many companies. Understanding applicability, wage determinations, health and welfare benefits, and...more
7/14/2020
/ Audits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Federal Contractors ,
Health and Welfare Plans ,
Risk Mitigation ,
Service Contract Act ,
Service Contract Labor Standards (SCLS) ,
Sick Leave ,
Wage and Hour
Compliance with the Service Contract Act (SCA), now referred to as the Service Contract Labor Standards, is a challenge for many companies. Understanding applicability, wage determinations, health and welfare benefits, and...more
6/10/2020
/ Audits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Federal Contractors ,
Health and Welfare Plans ,
Risk Mitigation ,
Service Contract Act ,
Service Contract Labor Standards (SCLS) ,
Sick Leave ,
Wage and Hour ,
Webinars
If Service Contract Act (SCA) compliance wasn’t tricky enough already, federal and state programs providing for COVID-related leave and payments have raised unique SCA compliance concerns. In a time of uncertainty, the last...more
If Service Contract Act (SCA) compliance wasn’t tricky enough already, federal and state programs providing for COVID-related leave and payments have raised unique SCA compliance concerns. In a time of uncertainty, the last...more
4/21/2020
/ CARES Act ,
Contractor Audits ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Furloughs ,
Service Contract Act ,
Sick Leave ,
Vacation Pay ,
Wage and Hour ,
Webinars
The United States Senate just rubber stamped the House version of emergency measures to help employees and families in response to the COVID-19 pandemic during this National Emergency. The law includes provisions you have...more
The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. ...more
On January 16, 2020, the Department of Labor’s (DoL) Wage and Hour Division will publish a final rule clarifying joint employer status under the Fair Labor Standards Act (FLSA), adopting a four-factor test to determine joint...more
CYBERSECURITY & DATA PRIVACY -
Start Preparing Now for DoD's Upcoming Cybersecurity Maturity Model Certification (CMMC) -
For a while now, we have been writing about the increasing impact of cybersecurity on the...more
10/3/2019
/ Cybersecurity ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
Joint Venture ,
Mergers ,
NDAA ,
Over-Time ,
Small Business ,
Wage and Hour
On September 24, 2019, the Department of Labor (DOL) announced its final rule to change the Fair Labor Standards Act’s (FLSA) salary basis test, which is integral to classifying an employee as exempt from overtime payments....more
FALSE CLAIMS ACT -
Small Businesses and the False Claims Act (FCA): Are More FCA Cases Against Small Businesses on the Horizon?
On August 20, 2019, the U.S. Department of Justice (DOJ) announced that it had reached a...more
9/26/2019
/ Department of Justice (DOJ) ,
Employee Definition ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
OFCCP ,
Small Business ,
Wage and Hour
Executive Order 13658, Establishing a Minimum Wage for Contractors (the Order) established a minimum wage for employees working on, or in connection with, covered government contracts. Each year, the Department of Labor (DOL)...more
Everywhere you look companies are being hit hard with claims of misclassification of workers under labor regulations. So far in August 2019, Department of Labor (DOL) has announced over $2 Million in damages paid to...more
Published by Set-Aside Alert: In the last several weeks the U.S. Labor Dept. (DOL) issued three proposed rules which, if made final, would (1) change the salary basis test for determining which employees can be exempt from...more
Recently, a Department of Labor (DOL) investigation found that four federal contractors were responsible for paying 53 current and former employees a total of $255,474 for violating the Davis-Bacon and Related Acts (DBRA)....more
As we head into a busy proposal and award season, keep in mind some important changes to Service Contract Act (“SCA”) wages and fringe benefits. In July, the Department of Labor (“DOL”) issued revised SCA health and welfare...more
This week marks the Fair Labor Standards Act’s (“FLSA”) 80th birthday. Because I have a particular affection for birthdays, this occasion is a good time to send the FLSA some overdue love and reflect on how it continues to...more
Effective February 11, 2018, Maryland’s Healthy Working Families Act (the “Act”), Maryland’s sick leave law, will go into effect. Although Governor Larry Hogan had vetoed the measure, the Maryland General Assembly overrode...more
With a possible federal government shutdown looming, many government contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment...more
This year has been the year of change in employee pay and benefits, particularly if you are an employer practicing in more than one locality. Due to the federal government’s failure to pass wage and benefit legislation, a...more
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
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
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