Davis-Bacon Act Resurrects Old Prevailing Wage Methodology

There is a saying that sometimes to go forward, you have to go back first. In August, the Department of Labor (“DOL”) published a final rule that will update the Davis-Bacon Act, with some methodologies previously abandoned. Unsurprisingly, this final rule focused on enforcement of labor standards, and was quite lengthy (numbering in the hundreds of pages). Despite it’s voluminous size, there was one major change that federal contractors will find of interest, a change to the method of determining prevailing wage. That is the focus of this post.

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Event: Service Contract Act & Davis-Bacon Act “101”

The Biden administration recently announced plans to increase enforcement of the federal prevailing wage laws for contractors–the Service Contract Act and Davis-Bacon Act. Non-compliance with these laws can be grounds for severe sanctions. (Heck, the DOJ just announced another False Claims Act settlement in a prevailing wage case yesterday!)

If you’re new to the world of prevailing wage laws, or just need a refresher, please join me on March 18 for an introductory “101” look at the SCA and DBA, hosted by the South-West Texas Border Small Business Development Center Network. It’s easy to register: just click here.

Hope to see you on the 18th!

For 2020, DOL Raises Minimum Wage for Federal Contractors to $10.80

The Department of Labor annually increases the minimum wage for federal contractor employees in accordance with Executive Order 13658. It recently noticed, via the Federal Register, that the 2020 minimum wage for most of these employees will increase from $10.60 to $10.80. For tipped employees, the cash wage will increase from $7.40 to $7.55.

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5 Things You Should Know: Adding Wage Rates to Davis-Bacon Act Wage Determinations

For federal construction projects in the United States exceeding $2,000, the Davis-Bacon Act requires contractors to pay their “laborers and mechanics” the “prevailing wage.” Typically, a federal construction contract will incorporate a wage determination which outlines the prevailing wages for the workers expected for the project. But what if you discover that you need another type of worker not listed on the wage determination?

Here are five things you should know about adding wage rates to an existing DBA wage determination.

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DOL Offers “Fair Pay” Preassessment–But Will Contractors Use It Willingly?

The Department of Labor has announced a new “preassessment” initiative, under which a government contract can voluntarily ask the DOL for an assessment of the contractor’s record of labor law compliance.

The preassessment program is designed to help contractors discover if they may have any trouble with their mandatory disclosures under the new Fair Pay and Safe Workplaces Executive Order, which will take effect beginning on October 25. Voluntary use of the preassessment program may be a good idea for any contractor with a history of labor issues, but I wonder what will be more likely–contractors choosing to use it on their own, or being pushed to use it by prospective teammates?

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SmallGovCon Week In Review June 20-24, 2016

It’s hard to top last week’s government contracting news, which included the major SDVOSB Supreme Court victory in Kingdomware.  But with the Fourth of July just a week and a half away, there is still plenty going on in the world of government contracts law.

In this week’s SmallGovCon Week in Review, an SDVOSB’s owner speaks out about his important GAO bid protest win, suspensions and debarments of government contractors dropped in 2015, major changes are coming to the GSA Schedule, HUBZone contract awards decline, and much more.

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SmallGovCon Week In Review: February 22-26, 2016

It was a busy week for me in Washington, DC.  The highlight was attending oral arguments in Kingdomware Technologies v. United States on Monday.  Although I was supposed to head back to Lawrence Wednesday night, a bout of severe weather led to the cancellation of my flight–and two extra unscheduled nights in DC.

Now that I’m finally back here in Lawrence, it’s time for our weekly dose of government contracting news.  In this week’s SmallGovCon Week In Review, SAM problems lead to a pre-award protest, an uphill battle for women-owned businesses seeking federal contracts, the “worst website in government” is getting an upgrade and much more.

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