Labor & Employment
Federal contractors are subject to a host of special employment and labor laws, regulations and compliance requirements, in addition to those generally applicable to employers. These laws include the Davis-Bacon Act (DBA); Service Contract Act (SCA); Contract Work Hour and Safety Standards Act (CWHSSA); the Walsh-Healey Act, the Rehabilitation Act and e-verify.
Jackson Kelly regularly helps clients formulate compliance and wage determination strategies, including in connection with Collective Bargaining Agreement (CBA) negotiations, to avoid traps and maximize recovery. Jackson Kelly attorneys also have experience defending clients in Department of Labor Wage and Hour Division audits and subsequent administrative proceedings. Attorneys also assist clients with Office of Federal Contract Compliance Programs (OFCCP) compliance and audits and investigations, counsel clients on the creation and review of affirmative action plans (AAPs) and compliance policies and assist in preparations for compliance reviews and preventive audits.
In addition, in conjunction with attorneys in the Labor and Employment Team, attorneys advise federal contractors regarding hours worked, overtime, holiday and vacation pay, compliance with federal and state pay laws, employee terminations, discrimination claims, plant shut-down notification laws (WARN Act), covenants not to compete, nondisclosure agreements, employee handbooks, proper classification of “employees” and “independent contractors,” Fair Labor Standards Act (FLSA) classifications and compliance and myriad other traditional labor and employment issues that contractors encounter.
Represented transportation company in SCA case of first impression concerning employees who worked both domestically and internationally.
Drafted and revised employee handbooks for local, regional and national employers to comply with applicable state and federal laws, as well as government contracting requirements.
Click here to see relevant posts to the Jackson Kelly Government Contract Monitor.