News & Analysis as of

Service Contract Act

Morgan Lewis

Navigating Labor and Employment Law Changes in the Aerospace and Defense Industry

Morgan Lewis on

The aerospace and defense industry operates in a complex regulatory environment in which labor and employment law is continuously evolving. Recent developments relating to the Uniformed Services Employment and Reemployment...more

Morrison & Foerster LLP - Government...

President Trump Revokes the Biden-Era Federal Minimum Wage for Contractors

In recent years, presidents have attempted to impose minimum wage requirements on federal contractors without the need to go through Congress. These requirements have been in addition to the wage floors set by individual...more

Dorsey & Whitney LLP

Do You Know What to Pay Your Work Force? New Decision Invalidates the Federal Contractor Minimum Wage Rule

Dorsey & Whitney LLP on

Employers with Federal contracts have experienced unique challenges in the past few years—from navigating the Federal contractor vaccine mandate to new rules related to sick leave and time off. One of the most significant...more

PilieroMazza PLLC

[Webinar] ABCs of the SCA: Critical Path Service Contract Act Training for Government Contractors - October 22nd - 24th, 2:00 pm -...

PilieroMazza PLLC on

For contractors and subcontractors providing certain services to the federal government, compliance with the Service Contract Act (or Service Contract Labor Standards) is required. Unique bidding and performance requirements...more

PilieroMazza PLLC

Newly Increased Health and Welfare Rates on SCA Government Contracts

PilieroMazza PLLC on

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has again issued new Service Contract Act (SCA) health and welfare (H&W) rates. In July 2024, WHD increased the prevailing H&W fringe benefits from a rate of $4.98...more

Schwabe, Williamson & Wyatt PC

Chevron and Government Contracting

The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more

PilieroMazza PLLC

Clocking in with PilieroMazza: New Board Cases Provide Guidance for SCA Price Adjustments

PilieroMazza PLLC on

Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s podcast “Clocking in with PilieroMazza: Labor and Employment News for Government...more

Cozen O'Connor

Back Again: U.S. Department of Labor Issues Final Rule on Nondisplacement of Qualified Workers

Cozen O'Connor on

The U.S. Department of Labor’s Nondisplacement of Qualified Workers Under Service Contracts Rule is back. After publication as a final rule in December 14, 2023, the Rule is now in effect and will apply to all new Service...more

Littler

DOL to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

Littler on

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

Schwabe, Williamson & Wyatt PC

Nondisplacement of Qualified Workers Under Service Contracts

On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more

Littler

OFCCP to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

Littler on

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

BakerHostetler

Another Minimum Wage Increase on the Horizon for Federal Contractors

BakerHostetler on

The DOL announcement comes on the heels of a federal district court in Texas blocking the enforcement of Biden’s Executive Order 14026 in three states (Texas, Louisiana and Mississippi). The federal court determined that...more

Husch Blackwell LLP

A Guide to The U.S. Department of Labor's ‘New' Davis-Bacon and Related Acts Regulations

Husch Blackwell LLP on

For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules. DOL’s new final rules concerning the prevailing wages and...more

Morrison & Foerster LLP - Government...

Missing SCA Clause Did Not Excuse Noncompliance Or Allow For Full Equitable Adjustment

In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara...more

Wiley Rein LLP

DOL’s Davis-Bacon Act Overhaul Brings Significant Changes to Federal Construction Contracting

Wiley Rein LLP on

WHAT: Over a year after its notice of proposed rulemaking, the U.S Department of Labor (DOL) published its Final Rule Updating the Davis-Bacon and Related Acts (DBRA) Regulations. The Final Rule spans hundreds of pages of...more

PilieroMazza PLLC

Impact of New Health and Welfare Rates on SCA Government Contracts

PilieroMazza PLLC on

It’s that time of the year again when the Department of Labor’s (DOL) Wage and Hour Division (WHD) issues new Service Contract Act (SCA) health and welfare (H&W) rates. In June 2023, WHD increased the prevailing H&W fringe...more

Haynsworth Sinkler Boyd, P.A.

Federal Contractor Minimum Wage Requirements: Are all employees entitled to a raise?

On April 27, 2021, President Biden signed Executive Order (E.O.) 14026, which raised the minimum wage paid by government contractors to workers performing work “on or in connection with” covered federal contracts. As of...more

Schwabe, Williamson & Wyatt PC

Legal Challenge To Federal Contractor Minimum Wage Increase Rejected

In 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing...more

Schwabe, Williamson & Wyatt PC

Proposed Rule on Non-Displacement of Employees Under Service Contracts

On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts...more

Cohen Seglias Pallas Greenhall & Furman PC

Don’t You Forget About Me: DOL’s Proposed Rule on the Right of First Refusal in Service Contracts

On July 14, 2022, the Department of Labor (DOL) issued a proposed rule that would require contractors and subcontractors performing covered service contracts to offer, in good faith, service employees employed under the...more

Wiley Rein LLP

Department of Labor Proposes Rule Implementing EO 14055 Nondisplacement Obligations for SCA-Covered Contracts

Wiley Rein LLP on

WHAT: The nondisplacement rule’s revival continues as the U.S. Department of Labor (DoL) has published its proposed rule to implement Executive Order (EO) 14055, Nondisplacement of Qualified Workers under Service Contracts....more

Husch Blackwell LLP

Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued

Husch Blackwell LLP on

As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495....more

Pillsbury Winthrop Shaw Pittman LLP

Department of Labor Proposes Rule to Give Service Employees a Right of First Refusal under Successor Contracts

To avoid displacement of current service employees, the proposed rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under the successor contract. ...more

Holland & Knight LLP

There and Back Again: Labor Department Issues New Proposed Nondisplacement Regulation

Holland & Knight LLP on

The U.S. Department of Labor (DOL) has released a proposed regulation that would reinstitute the requirement that contractors give offers of employment to workers covered by the Service Contract Labor Standards, also known as...more

FordHarrison

U.S. Department of Labor Issues Proposed Rule Prohibiting Displacement of Workers for Service Contract Act Jobs

FordHarrison on

On July 14, 2022, the Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) which requires that non-displacement clauses be included in successor contracts for current contracts covered by the Service...more

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