Jackson Kelly PLLC

Government Contracts Monitor

Labor and Employment

West Virginia Supreme Court Upholds State's Right to Work Law

On April 21, 2020, the Supreme Court of Appeals of West Virginia upheld the constitutionality of West Virginia’s Right to Work law and reversed a circuit court decision that found otherwise. The Court has remanded the case to the circuit court with directions to enter summary judgment in favor of the State of West Virginia. The entire decision can be found here.

In 2016, the West Virginia…

Covered Government Contracts Minimum Wage Increases to $10.80, Effective January 1, 2020

The Department of Labor (DOL) recently published a Notice [84 Fed. Reg. 49345 (9/19/19)] announcing that, effective January 1, 2020, the minimum hourly wage rate required to be paid to workers performing work on or in connection with covered federal contracts, per Executive Order 13658, will increase from the present $10.60 to $10.80.  The minimum hourly tipped wage will increase from $7.40 to…

Rare DOL Nondisplacement Decision Holds that Incumbent's Certified Employee List Is Not Determinative, and Awardee Must Consider Agency's "Credible Evidence" as to Incumbent Employee's Qualifications and First Refusal Offer Entitlement

Every awardee under qualifying federal government service contracts faces difficult issues and choices under Executive Order 13495, “Nondisplacement of Qualified Workers under Service Contracts,” and the implementing Department of Labor (DOL) Regulations at 29 C.F.R. Part 9, which require awardees to offer incumbent employees “a right of first refusal for employment under the contract in…

JK Attorneys to Present Free Webinar on Current Trends in Employment & Labor Law Next Friday, 1/25/19, and Separately Have Published a "Look Ahead" at the Coming Year.

You are cordially invited to attend a free Seminar on “Trends in Employment and Labor Law,” which will be presented next Friday, January 25, 2019, beginning at 9:00 a.m. CST.  The live Seminar will be held at the Tropicana Evansville in Evansville, Indiana, and will be available by Webinar and phone for those unable to attend in person.  Topics covered will include Conducting Gender Pay Audits to…

New Year's Resolutions, 2019 - Reassess Your Size Status, Update Your SAM and DSBS Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

Happy New Year!  The start of a new year is the time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2019.

 

     1.  Reassess Your (and Any Subcontractors’) Small Business Size Status:  Most companies operate on a calendar year for tax reporting purposes.  For such companies the start of a new tax year, and the end of the prior year, means a change and…

Short Take - Minimum Wage Increases to $10.60, Effective January 1, 2019

The Department of Labor (DOL) recently published a Notice [83 Fed. Reg. 44906 (9/4/18)] announcing that, effective January 1, 2019, the minimum hourly wage required to be paid to workers performing work on or in connection with covered federal contracts, per Executive Order 13658, will increase from the present $10.35 to $10.60. The minimum hourly tipped wage will increase from $7.25 to $7.40.

By…

OFCCP On the Move ...

On September 7, 2018, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued 750 courtesy scheduling letters to federal government contractors, notifying them that their affirmative action plans (AAPs) could be audited. The OFCCP published the list of federal contractors that received this “courtesy”. 

The letters let contractors know, 45 days in advance, that…

Short Take: Fall Is the Season for Halloween, Thanksgiving, and OFCCP Audits

In addition to changing leaves and cooler temperatures, some federal contractors will soon also face Affirmative Action Plan (“AAP”) audits by the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”). Last week, the OFCCP sent out 750 Courtesy Scheduling Announcement Letters (“CSAL"s) to notifying specific federal contractors that they had been selected to…

New Year's Resolutions, 2018

Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

Happy New Year! The start of a new year is the time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2018.

    1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies…

Short Take: Good Bye . . . For Now. . . Revised EEO-1 Form

August 29, 2017, the Office of Management and Budget (OMB) notified the Equal Employment Opportunity Commission (EEOC) that it was initiating a review and immediate stay of the revised EEO-1 form announced by EEOC in September of 2016. The new form, which was to be used beginning on March 31, 2018, sought more information than its predecessor relating to total compensation and total hours worked…

DOL Increases SCA Minimum Health & Welfare Fringe Benefits Rate to $4.41/hr, Effective August 1, 2017

The U.S. Department of Labor (DOL), Wage and Hour Division recently issued All Agency Memorandum No. 225, increasing the basic minimum Health and Welfare (H&W) fringe benefits rate applicable to service contracts under the Service Contract Labor Standards statute (formerly known as, and hereinafter referred to as, the Service Contract Act (SCA)) to $4.41/hr vs the former $4.27/hr -- i.e., an…

 

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