Next, you must consider the FCC-specific requirements that govern the salaries and benefits you pay to employees insured by the FCC under the contract or subcontract. If the contract is subject to the FCC, you must determine which wage establishment or FCC agreement requires the minimum wage and benefits. There are two types of documents that govern salaries and benefits under the FCC: (i) a DoL salary establishment, or (ii) collective agreements (CBA). In DoL payroll determinations, geographic location or place of performance determines the rate of pay that governs your obligations. These salary determinations must be attached to the call, but are also available to the public in the event of a www.wdol.gov. For applications containing the ABC of a predecessor contractor, it is extremely important to have access to a copy of this CBA, because under the LSA, a successor contractor – even a non-unionized successor contractor – is likely to be required to compensate its employees at the ABC-specific wage and benefit rates of the predecessor contractor. In addition, regardless of the type of wage setting included in the call, it is also crucial to determine whether the current application or contract is subject to the recently adopted rules on the non-displacement of skilled workers. See Wiley Rein Alert, “FAR Council Issues Final Rule on Non-Displacement of Qualified Workers Under Service Contracts.” These non-travel arrangements contain significant obligations and could affect potential staffing under the contract and ancillary service obligations, in particular with respect to vacation benefits, which are generally based on an employee`s years of service with a predecessor contractor or contractor. The Minister of Labour is responsible for enforcing the provisions of the CSA by making regulations and orders, conducting hearings, adjudicating disputes and, if necessary, taking other action. Salary determinations are specific to each contract.
The Ministry of Labour has issued numerous regulations to put the FCC into practice. These regulations cover a variety of issues ranging from procedure to compensation and safety standards, all of which are found in different parts of Title 29 of the Code of Federal Regulations. The following considerations should be taken into account when determining how you evaluate your contract: The McNamara-O`Hara Service Contract Act, or LAC, signed by President Lyndon Johnson in 1965, requires employers submitted to the SCA to compensate employees in accordance with wage rules compiled by the U.S. Department of Labor. Service companies that are prime contractors or contractors of the federal government must pay employees the applicable wage, which is often higher than minimum wage rates at the federal or state level. (1) Underpayment of military personnel due to incorrect classification. (2) Wrongly the fact that employees, regardless of the rules of 29 C.F.R. Part 541 is released. (3) Unfair payment of wages or benefits.
(4) Lack of appropriate records for cash payments to meet ancillary benefit requirements. (5) Failure to inform service employees of the applicable compensation and ancillary service requirements or to place the “Notice to Employees Working on Government Contracts” in a conspicuous and accessible location on the construction site. (6) Non-use of the conformity procedure for categories of workers not listed. (7) Failure to separate and keep records of hours spent on temporary agency and non-contract work for workers performing both. (8) Failure to make salary increases in the context of a new salary determination under a multi-year contract with annual means. Contrary to this assumption, the FCC guidelines require employers to review the job description or service description against the list of occupations in order to determine the position most closely related to the work the person will perform. If the service description can be attributed to more than one occupation, you must choose the occupation that is more related to the work performed under the contract. The FCC applies to work performed under federal government contracts valued at more than $2,500 for services, such as . B the protection of security guards in government buildings or typing services for a management consulting contract for a federal agency. The SCA does not apply to contracts for construction, transportation, communications, utilities or contractual postal services. It applies to work performed in the United States and in U.S.
jurisdictions such as American Samoa and the Virgin Islands. The SCA does not apply to service personnel at foreign sites, such as. B employed at naval bases in Japan or U.S. Army facilities in Germany. Contractors and subcontractors must inform employees performing SCA Contract Work of the compensation to which they are entitled under the applicable SCA provision in the Covered Contract and must publish the “Notice to Employees Working on Government Contracts”, Ministry of Labour Publication WH-1313, in a conspicuous and accessible location on the construction site. A “service employee” means an employee, other than an exempt management, administrative or professional employee as defined in Part 541 of 29 CFR, who is actively engaged in providing a service under the contract covered by the FCC. In addition to the hourly base salary and the additional H&W component, SCA employees also receive vacation pay in an amount that depends on the respective WD. For example, it is not uncommon for a WD to require one (1) week of paid leave for new CAS employees. DeO lists the number of vacation days that must be made available to SCA employees.
The number of vacations earned increases each year based on the length of employment of an FCC employee under the contract (without interruption of operation). This includes the time they have spent with previous contractors who have performed similar functions in the same facility. According to the DOL, this “does not require the contractor to combine two separate periods of employment. In general, no interruption of service has occurred if the employee is on leave with or without pay, if he or she is absent with the employer`s permission for reasons such as illness or injury, or if he or she is not performing work due to circumstances beyond his or her control. “The SCA only applies to service contracts of up to 5 years` duration, and strict compliance with its conditions is required.