SlideShare une entreprise Scribd logo
1  sur  65
Service Contract Labor Standards and
Pricing Implications
Hope Lane & Barbara Connell | March 30, 2016
http://blogs.aronsonllc.com/fedpoint/
2
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Agenda
• What/When/Where/Who
• Wage Determinations
• Wages and Fringe Benefits
• Contract Compliance and the Impact of Recent Executive Orders
• Pricing and the Impact of Recent Executive Orders
3
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
What/When/Where/Who?
4
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
What is SCA?
Service Contract Labor Standards
Formerly known as Service Contract Act of 1965 (SCA)
•Sets the minimum wages and fringe benefits that contractors and their
subcontractors must pay service employees working on covered contracts.
Similar to the Davis-Bacon Act (construction) and Walsh-Healey (supply)
•Pub. L. 89-286, 79 Stat. 1034; Codified at 41 U.S.C. 67
•Amended twice:
–1972 – Successor Employer Obligation § 4(c)
–1976 – Extension to White Collar Employees
•Regulations
–29 CFR Part 4, Section 4.6, Last major changes 1/30/84
–FAR 52.222-41 Service Contract Labor Standards
–FAR 52.222-17 Nondisplacement of Qualified Workers
5
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
What is SCA?
• SCA was intended to remove wages as a bidding factor in the
competition of federal service contracts; and
• To provide wage protection to service employees
6
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
When Does SCA Apply?
To contracts that are…
•From any Federal Agency or any other Federal Government entity or
District of Columbia;
•To be performed in the U.S, its territories and possessions;
•Principally for services (>50% of contract effort);
•Performed through the use of service employees; and
•In excess of $2,500.
7
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
When Does SCA NOT Apply?
To contracts that are….
•For leasing of space
•For professional services (performed almost exclusively by employees that meet the
exemptions under 29 CFR Part 541)
– Non-exempt employees are a minor factor in contract performance, DOL
applies a 10-20% range
•For maintenance, calibration or repair of IT and office equipment
•For federally-assisted contracts for services entered into by state governments (e.g.
Medicaid, Medicare programs)
•Other Statutory exemptions (e.g. construction, freight, carriage)
•For communication services covered by the Communications Act of 1934
•For public utilities services
•For employment contracts with individuals for direct services to a Federal agency
•For United States Postal Service contract station operation contracts
8
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
• Johnston Island
• Wake Island
• The Virgin Islands
• Outer Continental Shelf
Islands as defined in the Outer
Continental Shelf Lands Act.
• Any State
• The District of Columbia
• Puerto Rico
• Commonwealth of Northern
Mariana Islands
• Guam
• American Samoa
Where Does SCA Apply?
Geographical Limits
The SCA applies to all work performed within the United States. For
purposes of the SCA, the term “United States” includes:
9
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
How to Determine if SCA Applies to an RFP/Contract?
Requests for Proposal or Contracts incorporating either of the
following two clauses:
•FAR 52.222-41 Service Contract Labor Standards
FAR (Federal Acquisition Regulations) are the rules and regulations
that implement acquisition policies for federal agencies and
Contractors
-OR-
•29 CFR Part 4, Section 4.6 Labor Standards clauses for Federal
service contracts exceeding $2,500
The Code of Federal Regulations (CFR) is a compilation of the
regulations that implement federal laws
10
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
How to Determine if SCA Applies to an RFP/Contract?
AND
Area Wage Determination (AWD)
•Attached as an exhibit; or
•By reference (not recommended)
11
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
What if SCA is NOT in Contract?
The “Christian Doctrine”
•Mandatory clauses automatically become part of the contract despite
their omission from the contract.
FAR 22.1006
•Details the mandatory clauses for service contracts government by the
Service Contract Labor Standards; therefore, they would be included in
contracts even if they are inadvertently omitted.
12
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Who Interprets & Administers It?
• SCA is enforced solely by DOL
• Contracting agencies have certain responsibilities but no authority.
• If contract is subject to SCA but agency does not specify SCA in
contract, DOL will notify agency to insert SCA contract clauses &
applicable Wage Determinations.
• Reliance on advice from contracting agency officials is not a
defense against a contractor’s back wages under the Act (29
CFR 4.187 (e) (5)).
13
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Employees who qualify for exemption as
executive, administrative or professional
as defined by 29 CFR Part 541…
•Executive
– Must be paid on a salary basis at
least $455/week, supervise 2 or
more workers, exercise authority;
and spend most of their time doing
so
•Administrative
– Must be paid on a salary basis at
least $455/week, make decisions of
importance and significance using
independent judgment and
discretion, and spend most of their
time doing so
• Professional
– May be paid salary, fixed fee, or
hourly basis at least $455/week,
perform work primarily requiring
advanced knowledge, predominantly
intellectual, customarily acquired by a
prolonged course of specialized
intellectual instruction (e.g. college
level); and exercise independent
judgment and discretion
• Computer Professional
– May be paid on a hourly basis if paid
more than $27.63/hour; otherwise,
– Must be paid on a salary basis at
least $455/week
– Perform higher level duties (e.g.
design, development work with
greater responsibilities)
Which Employees are Exempt from SCA?
14
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
DOL Proposed Rule – Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales and Computer Employees
• Released June 30, 2015
• Proposed increase to current minimum salary for exempt employees
from $455/week ($23,660/year) to a minimum of approximately
$970/week ($50,440/year)
• 113% increase!
• DOL estimates around 5 million additional employees to become
non-exempt
• DOL targeting July 2016 release of final rule, effective within 60-90
days after publication
Will result in fewer exempt employees, increasing the number of
employees subject to SCA!
15
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Wage Determinations
16
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
What is an Area Wage Determination (WD)?
A WD sets the minimum wages and fringe benefits for job classifications
for a specific geographical region.
•Minimum hourly Wage for the job position
•Minimum hourly Health & Welfare Benefit
•Minimum annual Vacation Benefit
•Minimum Holiday Benefit
Note: As a rule, SCA does NOT provide for Sick Leave Benefit. (That
benefit if given, is governed by the Contractor’s company policy. An
exception to this rule – Collective Bargaining Agreements (CBAs) may
contain a Sick Leave requirement or Sick Leave may be mandated by
Presidential Executive Order 13706)
17
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Types of SCA WDs
Area (Standard) WDs
•Generic, issued per locality, reflect prevailing wages
•Locality is county or group of counties, or larger
•Area WDs list over 200 worker classifications
Non-Standard WDs
•e.g., fast food, elevator maintenance, diving, moving household goods,
urinalysis, etc.
•Reflect wages prevailing in specific industry
18
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Types of SCA WDs
Collective Bargaining Agreement (CBA) WDs
– Based on predecessor collective bargaining agreements under
SCA Sec. 4(c)
Contract-Specific WDs
– WDs issued by specific request to DOL for unique (often sole-
sourced) contracts
– Cannot be used for any other contract
19
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Directory of Occupations
• For Standard and Non-Standard WDs, the Directory defines
classifications and duties
• Published by DOL
• Contains federal grade equivalent levels
• Located on the Library Page at www.WDOL.gov
20
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Where do You get SCA WDs?
• For Contractors – look in your contract
– WDs must be incorporated into the contract by the contracting
officer to be applicable
• Contracting officers obtain WDs from www.wdol.gov
– WDOL is a menu-driven database for contracting agencies to
use
– Accessible by the general public for informational purposes only
21
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Wage Determination
• DOL issues two Standard WDs for each locality
– odd-numbered
– even-numbered
• Labor classifications, wage rates, H&W rate, holidays and vacation
benefits are the same on both WDs.
• However, the method required to be used by employers in providing
the H&W benefit is different for each WD…
22
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA WD – Odd Numbered
• Odd-numbered WDs (i.e., 2005-2011) require a contractor to pay the
H&W rate for all hours paid each week (work time and paid leave
time) up to a maximum of 40 hours each week
• Referred to as the “Fixed Cost”
– Most frequently used
23
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA WD – Even Numbered
• Even-numbered WDs (i.e., 2005-2020) require a contractor to pay a
minimum contribution for benefits costing an average of the H&W
rate for all hours worked (including overtime hours) by service
employees on the contract
24
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Updates to Wage Determinations
• No increase to minimum wages for a number of years. DOL did not
have a standard upon which to base regular wage increases.
• New source: Occupational Employment Statistics (OES) survey
published by Bureau of Labor Statistics (BLS)
• More WDs issued due to OES survey’s smaller geographic areas
• WDOL.gov – Library of Links and Related Information
– 2015 SCA Crosswalk for new WDs
25
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Updates to Wage Determinations, Cont.
• To avoid a disruptive impact on wages due to transition to OES
survey, DOL will implement new methodology gradually-
– DOL will maintain existing wage rates as a floor
– DOL will cap any increases in wage rates at 10% per WD rate
update
• Updates to Directory of Occupations
– Updates to existing occupational definitions
– 27 new classifications added
All Agency Memo No. 218
26
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Wages and Fringe Benefits
27
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Common Misconceptions
• “I pay higher than market wages.”
• “I have a healthy benefits package.”
• “I pay more than is required, so it offsets the health and welfare
deficit.”
• “They’re independent contractors, its not my problem.”
• “The labor category doesn’t appear in DOL’s Directory of
Occupations, so it is not SCA covered.”
• “DOL released a new WD, I need to make payroll changes.”
• “Temporary employees don’t earn benefits.”
28
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Payment of Wages
• The prevailing rate established by the contract Wage Determination
(WD) is the minimum rate of pay.
• Wages and hours worked must be calculated on a fixed and
regularly recurring “work week” of seven consecutive 24-hour
workday periods.
– Payroll Records must be kept on this basis
– A bi-weekly or semi-monthly pay period may be used if advance
notice is given to affected employees.
• No distinction is recognized in wage compensation requirements
between full-time, part-time, and temporary employees.
29
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Fringe Benefits (FBs)
Prevailing WDs identify fringe benefits
•Vacation, generally stated as X weeks/year
•Holidays, generally stated as X days/year
•Health and Welfare (H&W) Benefits
– Stated as an hourly amount
– Issued nationwide (one rate for all localities, except Hawaii)
– Revised annually by DOL approximately every June 1st
(applicable to contract awards/options issued thereafter)
Significant 2015 HW increase due to Affordable Care Act (ACA). We
anticipate other significant increases may occur this year.
30
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Vacation Benefits
Vested and becomes due after the SCA employee’s Anniversary date
determined by total length of time:
• Working for present employer in any capacity
• And/or working for predecessor contractors in performance of similar
services at the same facility.
31
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Holiday Benefits
• Employee is entitled to holiday pay if they work in or receive
sick/vacation pay in the holiday workweek.
• Holiday Pay is generally not applicable to days in which the Federal
Government is closed by proclamation, such as the day before
Christmas or on snow days, in other words, any holiday not named
in the Contract or Wage Determination.
32
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Part-Time & Temp Employees
Part-time employees must be paid a proportionate amount of the mandated fringe
benefits.
Examples:
– A full-time employee is entitled to 2 weeks (80 hours) of vacation. A part-
time employee working a regular schedule of 20 hours per week would be
entitled to ½ (40 hours) the paid vacation benefits at the end of the
anniversary year.
– The same part-time employee would be entitled to ½ the holiday pay
benefits (e.g., 4 hours)
– Temporary or part-time employees working irregular schedule of hours are
entitled to holiday pay proportionate to the number of hours worked in the
week prior to the holiday.
– All part-time and temporary employees would be entitled to the same
hourly rate of the health & welfare (e.g. $4.27/hour).
33
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA H&W Benefits
• Reference 29 CFR Part 4, Sec. 4.175 (a) and (b)
• Under both types of Standard WDs, employers discharge the H&W
requirement by
– Providing bona fide benefits to the workers
– Or cash payment for the H&W rate
– Or paying a combination of cash and bona fide benefits
– Currently $4.27 hour
34
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Payment H&W Benefits
• Cash payments in lieu of fringe benefits must be paid on regular pay
date (29 CFR § 4.165(a))
• Payments into bona fide FB plans must be made no less often than
quarterly (29 CFR § 4.175(d))
• Excess wages over WD minimum may not be credited toward H&W
requirements (29 CFR § 4.170)
• Excess FB costs may not be credited toward wage requirements (29
CFR § 4.167)
35
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
• Health Insurance
• Dental Insurance
• Life Insurance
• Accidental Death &
Dismemberment
• Disability Insurance
• Vision Care Insurance
• Sick Leave Paid, if not required by
CBA, WD, or mandated by
Executive Order 13706 or
state/municipal law
• Employer Contributions to 401(k)
Savings Plan
• ESOP, Pension Plan, or Thrift
Plan
• Educational Assistance, if not
required by the job
• Severance Pay Plans
• Paid Vacation or holiday in
excess of WD requirement
• Jury Duty, Military, bereavement,
and other paid leave in excess of
that required by law
• Cash paid in lieu of benefit plans
What Benefits Satisfy H&W
Typical Benefits that satisfy the H&W requirement are:
36
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Benefits NOT Satisfying H&W
Typical Benefits NOT ELIGIBLE for Satisfying the H&W requirement are:
• Statutory payments (FICA, Unemployment Insurance, Worker’s
Compensation)
• Benefits provided for the benefit or convenience of the company:
• Relocation
• Incentive Awards
• Tools
• Uniforms, not required by WD
• Social functions, gifts, celebrations
• Administrative costs incurred in providing benefits
• Paid leave or sick leave required by the CBA, WD, or Executive Order
13706, or state/municipal law
37
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Collectively Bargained FBs
• Based on Collective Bargaining Agreement (CBA)
• Required to be paid by successor contractor under section 4 (c) of
SCA
• FBs specifically stipulated in CBA are not required. Equivalent
benefits may be provided
• Cash equivalent payments can be used to offset the FBs due
38
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Contract Compliance and the Impact
of Recent Executive Orders
39
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Who is Liable for Compliance?
The Prime Contractor
•Must “flow down” the applicable SCA contract clauses to
subcontractors (includes independent subcontractor – i.e., 1099s) (29
CFR 4.155)
•“Joint and severally” liable for subcontractor’s non-compliance with
SCA (29 CFR 4.114(b))
40
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Costly Assumption
“We have a healthy benefits package, our fringe rate is 32%.”
•Odd WDs - Complying with HW requirements is based on the cost of
actual benefits taken by each employee, not firm-wide fringe cost.
•Even WDs - Complying with HW requirements is based on the
average cost of benefits taken by all covered employees, not firm-wide
fringe cost.
41
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
How to Implement a Compliance Program?
• Keeping an excel spreadsheet which tracks wages and benefits in
comparison to SCA wage determination requirements.
• Factors that add to the complexity of compliance:
– Multiple pay rates and/or positions during the year
– Multiple benefits costs during the year
– OCONUS deployments not subject to SCA
42
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Why Should I Comply?
SCA Sanctions & Remedies (41 U.S.C. 6705)
For violations, the U.S. Government may….
•Withhold from payment for the contract a sum adequate to pay back
wages or fringe benefits to underpaid employees;
•Bring legal action against the Contractor or surely for the amount of
underpayment;
•Terminate contract and hold Contractor liable for any resulting cost to
the government; and
•Not award contracts to a violator for up to 3 years (debarment).
Representations of preceding 3-year SCA compliance violations
influence proposal evaluations (Fair Pay and Safe Workplaces E.O.
13673)
43
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Comply with SCA or Go to Jail
“Business owner was sentenced to 8 years in prison and ordered
to pay more than $2 million in restitution for role in a complex,
multiyear scheme to steal employee benefit contributions required
under the McNamara O’Hara Service Contract Act (SCA)”
OIG Investigations Newsletter Volume I
United States v. Tucker et al
44
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
DOL Investigation Issues
• Are SCA regulations included in contract?
• Are the SCA poster & WD, including any conformance actions,
posted at the site or made available to employees?
• Does WD contain necessary labor categories?
• Is a conformance necessary?
• Are employees properly classified (WD & FLSA)?
• Are fringe benefits properly paid?
• Is Overtime correctly paid under the FLSA, if appropriate?
• Has employer kept accurate payroll records?
45
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Pricing and the Impact
of Recent Executive Orders
46
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Basic Pricing Elements
• Labor (WD or E.O. Minimum Wage)
• Fringe
– Health & Welfare (generally priced on billable hours but paid on all
hours up to 40/wk)
– Vacation
– Holiday
– Sick Leave (as mandated by Executive Order 13706)
– Other Leave (if offered)
– Statutory payments (FICA, unemployment insurance workers
compensation)
• Overhead
• General & Administration (G&A)
• Profit
47
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
FAR 52.222-55, Minimum Wages Under Executive Order 13658
• Final rule announced on October 2, 2014
• Establishes minimum wage ($10.15 effective January 1, 2016 –
December 31, 2016) for employees working on federal contracts
– Includes workers performing on or in connection with
contracts covered by the clause whose wages are governed
by SCA, FLSA, or DBA
– Includes non-direct personnel performing duties necessary to
support covered contracts (e.g. Receptionist at SCA contract-
dedicated contractor site facility) as long as they spend more
than 20% of their work hours in a given workweek
performing in connection with covered contracts (see next
slide).
48
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
FAR 52.222-55, Covered Contracts
• Affects solicitations issued on or after January 1, 2015
• Covered by SCA, Fair Labor Standards Act (FLSA), or Davis Bacon
Act (DBA);
- And -
• Contract must fall into one of the following categories:
– Procurement contracts for services or construction covered by
Davis Bacon Act (DBA)
– Service contracts covered by SCA
– Contracts for concessions
– Contracts in connection with federal property or lands related to
offering services for Federal employees, their dependents, or the
general public
49
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
FAR 52.222-55, Continued
• Flowdown contract clause to all tiers of subcontractors
• DOL will have investigation and enforcement authority
– Remedy suspected violation though conciliation (informal
remedial measure)
– Pay all unpaid wages pursuant to DOL’s findings
– DOL may direct withholding of payments until violation resolved
– Potential suspension or debarment
50
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Price Adjustments
• When the contract is modified to incorporate a new WD or when the
Secretary of Labor publishes a new FAR minimum wage rate, a
contractor may be entitled to a change in contract price
– New (most current) SCA rates will be incorporated into the
contract at each option, extension, substantial change in scope
of work, or no less than every two years if not funded annually.
– Secretary of Labor determines FAR minimum wage rate yearly
51
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
SCA Price Adjustments
• Under cost-reimbursable contracts, contract price relies on
“reasonable, allowable, and allocable” determinations
• Under fixed-price contracts, a contract price can be changed only
under
– The Changes Clause, OR
– The SCA/FLSA Price Adjustment Clause (FAR 52.222-43)
52
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
E.O. 13673, Fair Pay and Safe Workplaces
• Rule Proposed May 28, 2015
• Contractors bidding on procurement contracts in excess of $500,000 will be
required to “represent to the best of [their] knowledge and belief,
whether there has been any administrative merits determination, arbitral
award or decision, or civil judgment” rendered against the contractor
within the preceding 3-year period for violations of several labor laws
including SCA.
• This information, along with Agency Labor Compliance Advisor’s (ALCA)
recommendation, will be factored into the CO’s responsibility determination.
CO makes ultimate decision.
• Similar information will need to be collected from and disclosed on
behalf of subcontractors of all tiers on subcontracts valued over
$500,000 (other than COTS items). Collection of this data needs to be
incorporated into subcontracting agreements.
Contractormisconduct.org – Search “Kevin v. Lockheed Martin”
53
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Disclose Violations for 14 Federal Labor Laws
• —The Fair Labor Standards Act, 29 U.S.C. chapter 8.
• —The Occupational Safety and Health Act (OSHA) of 1970.
• —The Migrant and Seasonal Agricultural Worker Protection Act.
• —The National Labor Relations Act.
• —40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
• —41 U.S.C. chapter 67, formerly known as the Service Contract Act.
• —E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
• —Section 503 of the Rehabilitation Act of 1973.
• —The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era
Veterans' Readjustment Assistance Act of 1974.
• —The Family and Medical Leave Act.
• —Title VII of the Civil Rights Act of 1964.
• —The Americans with Disabilities Act of 1990.
• —The Age Discrimination in Employment Act of 1967.
• —52.222-55 - Minimum Wages Under Executive Order 13658
Equivalent state law violations must be disclosed
54
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
E.O. 13673, Fair Pay and Safe Workplaces, Cont.
• During contract performance, contractors performing work on
covered contracts and subcontracts will be required to update
disclosures every 6 months
• Information disclosed may result in Government action including
decision not to exercise a contract option, contract termination, or
referral to the agency suspending and debarring official
• CO will request that labor law violation information is input into
System for Award Management (SAM)
55
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
E.O. 13673, Fair Pay and Safe Workplaces, Cont.
• Implementation will occur on new contracts in stages, on a prioritized
basis, after final rule
• Final rule should be released in April or May
SCA compliance is more crucial to business success
than ever before!
56
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
E.O. 13706, Establishing Paid Sick Leave for Federal Contractors
• E.O. released September 7, 2015, proposed rule issued
February 25, 2016
• Establishes up to 7 days (56 hours) of sick leave per year
– Earned at the rate of 1 hour of paid sick leave for every 30 hours
worked on contracts subject to SCA, DBA, concessions
contracts, & contracts in connection with Federal property or
lands
• Accrued sick leave carries over from year to year
• Unused paid sick leave is not required to be paid out upon
separation, but contractors must reinstate sick leave for employees
that are rehired by the same contractor or a successor contractor
within 12 months of job separation
57
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
E.O. 13706, Establishing Paid Sick Leave for Federal Contractors, Cont.
• Applies to prime and all tiers of subcontractors
• Exempt employees working on SCA-covered contracts are required
to receive sick leave.
• Includes non-direct personnel performing duties necessary to
support covered contracts (e.g. Receptionist at SCA contract-
dedicated contractor site facility) as long as they spend more than
20% of their work hours in a given workweek performing in
connection with covered contracts
58
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
E.O. 13706, Establishing Paid Sick Leave for Federal Contractors, Cont.
• Sick leave provided to fulfill requirements of the E.O. may not credit
towards HW under SCA. Sick leave provided in addition to required
amount under the E.O. may count towards HW requirement.
• Comment period extended to April 12, 2016!
59
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
About Aronson LLC
Aronson LLC provides a comprehensive platform of assurance, tax, and
consulting solutions to today’s most active industry sectors and
successful individuals. For more than 50 years, we have purposefully
expanded our service offerings and deepened our industry specialties to
better serve the needs of our clients, people, and community. From
startup to exit, we help our clients maximize opportunity, minimize risk,
and unlock their full potential.
60
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
About Aronson LLC
• Thinking ahead for clients for more than 50 years
• 225+ professionals located in Rockville, MD
• 80+ professionals dedicated to supporting government contractors
• Aronson helps clients rethink the way they approach their business
through innovative, industry-specific services and advice:
– Audit, Assurance and Tax
– Deltek Systems and Outsourcing
– Financial and Contract Compliance
– GSA Schedules
• www.aronsonllc.com/blogs/fedpoint/ – News and trends and insight
for today’s savvy government contractor
61
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Awards / Accolades / Affiliations
The Gazette of Politics & Business Exceptional 53 Business Award
In 2012, Aronson received the PB53 award for the third year in a row. The program
acknowledges the top businesses and organizations in Maryland based on criteria that
includes the company’s annual revenue, employee growth, noteworthy product or service
innovations, community service efforts and more.
Accounting Today Top Firm
In 2013, Aronson was once again named to Accounting Today’s list of the top 100 firms in the
country. Accounting Today is a leading provider of online business news for the tax and
accounting community.
Washington Business Journal Top 25
Aronson is ranked #12 on the Washington Business Journal’s Top 25 Accounting Firms in
the DC Metropolitan area.
INSIDE Public Accounting Top 100
Once again, Aronson has earned a spot in the top 100 of this prestigious list, released by INSIDE
Public Accounting. This is the longest running, most comprehensive and accurate independent
analysis focusing on management and operations of America’s large local, regional and national
firms.
Washington Business Journal Best Places to Work
Aronson has been recognized five times as one of the Metro area’s “Best Places to Work.”
The award recognizes a company’s achievements in creating a positive work environment
that attracts and retains employees through a combination of employee satisfaction, working
conditions and company culture.
Montgomery County Chamber Corporate Social Responsibility Award
In 2010, Aronson was honored to receive the MCCC’s Corporate Social Responsibility Award
based on the depth and breadth of the company’s energetic commitment to support young people,
in the areas of education, housing and health.
62
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Hope Lane, CPA, leads Aronson LLC's Government Contract Consulting
practice. With more than 20 years of broad-based experience in the
government contracting arena, she is well-known as one of the industry's most
knowledgeable thought leaders in contract-related financial compliance and
contract administration.
Exclusively focused on government contracting, Hope possesses in-depth
understanding and hands-on expertise. Prior to joining Aronson, she served in
financial management positions with several regional federal contractors. Often
described by her peers as forward-thinking, Hope is able to go beyond what a
client asks for to deliver precisely what they need.
As an avid advocate for the government contracting industry, Hope is a guest
speaker and lecturer for associations and industry trade groups and a featured
speaker at Aronson's executive briefings. She also serves as editor-in-chief of
Aronson's Fed Point blog. As a leader in the firm, Hope advocates for
continuous growth and mentorship and encourages others in the practice to
innovate for the benefit of their clients.
Hope earned her bachelor's degree in accounting from the University of North
Carolina at Charlotte and is actively involved in professional organizations like
the Professional Services Council, National Contract Management Association
and Women Impacting Public Policy.
Partner, Government Contract Services Group
301.231-6266
hlane@aronsonllc.com
Hope Lane, CPA
63
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
Barbara Connell is a Senior Consultant in Aronson LLC's Government
Contract Services Group, where she works with government
contractors to provide customized solutions that ensure success and
compliance. As a Senior Consultant, Barbara assists clients with GSA
Schedule contract acquisition and maintenance, Service Contract Act
compliance, preparation of budgeted indirect rates and submission of
incurred costs and a variety of government contract compliance areas.
As an expert in her field, Barbara is a regular contributor to
Aronson's Fed Point blog and she is a featured speaker for Aronson
on Service Contract Act compliance. Barbara earned a bachelor's
degree from the Pennsylvania State University, where she majored in
marketing with a minor in information systems management.
Senior Consultant, Government Contract Services Group
240.364.2657
bconnell@aronsonllc.com
Barbara Connell
64
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
301.231.6266
Contact Hope Lane / Aronson LLC
hlane@aronsonllc.com
https://www.linkedin.com/in/hopelanecpa
https://twitter.com/Aronsonllc
65
© 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs |
240.364.2657
Contact Barbara Connell / Aronson LLC
bconnell@aronsonllc.com
https://www.linkedin.com/in/barbaraconnell
https://twitter.com/Aronsonllc

Contenu connexe

En vedette

Sl aluminium guttering
Sl aluminium gutteringSl aluminium guttering
Sl aluminium gutteringRainguard
 
Contractor sca compliance checklist
Contractor sca compliance checklistContractor sca compliance checklist
Contractor sca compliance checklistMichael Higashi
 
Entrevista de Trabajo, Cómo presentarla con éxito
 Entrevista de Trabajo, Cómo presentarla con éxito Entrevista de Trabajo, Cómo presentarla con éxito
Entrevista de Trabajo, Cómo presentarla con éxitoArquitectura del Talento
 
McNamara-O'Hara Service Contract Act Compliance Overview
McNamara-O'Hara Service Contract Act Compliance OverviewMcNamara-O'Hara Service Contract Act Compliance Overview
McNamara-O'Hara Service Contract Act Compliance OverviewC2 Essentials, Inc.
 
Service contract clauses as business rules
Service contract clauses as business rulesService contract clauses as business rules
Service contract clauses as business rulesLibero Maesano
 
портфоліо селіванова
портфоліо селівановапортфоліо селіванова
портфоліо селівановаCatherine Petrova
 
портфоліо бороденко
портфоліо бороденкопортфоліо бороденко
портфоліо бороденкоCatherine Petrova
 
U.S. Department of Labor - Wage & Hour Division
U.S. Department of Labor - Wage & Hour DivisionU.S. Department of Labor - Wage & Hour Division
U.S. Department of Labor - Wage & Hour Divisionjpeabody
 
Industry 4.0 and the road towards it
Industry 4.0 and the road towards itIndustry 4.0 and the road towards it
Industry 4.0 and the road towards itRick Bouter
 
Sblo101 june2013finalfor dist
Sblo101 june2013finalfor distSblo101 june2013finalfor dist
Sblo101 june2013finalfor distjpeabody
 
Lectura gutierrez, g. - gerencia de proyectos por valor ganado
Lectura   gutierrez, g. - gerencia de proyectos por valor ganadoLectura   gutierrez, g. - gerencia de proyectos por valor ganado
Lectura gutierrez, g. - gerencia de proyectos por valor ganadoAndres Salvador Perilla
 
Erp implementation ethics for successful projects
Erp implementation ethics for successful projectsErp implementation ethics for successful projects
Erp implementation ethics for successful projectsBaha'a Al Thibyan
 
Deltek Ajera SaaS admin webinar
Deltek Ajera SaaS admin webinarDeltek Ajera SaaS admin webinar
Deltek Ajera SaaS admin webinarBrian Siefkes
 

En vedette (16)

Sl aluminium guttering
Sl aluminium gutteringSl aluminium guttering
Sl aluminium guttering
 
Contractor sca compliance checklist
Contractor sca compliance checklistContractor sca compliance checklist
Contractor sca compliance checklist
 
Entrevista de Trabajo, Cómo presentarla con éxito
 Entrevista de Trabajo, Cómo presentarla con éxito Entrevista de Trabajo, Cómo presentarla con éxito
Entrevista de Trabajo, Cómo presentarla con éxito
 
McNamara-O'Hara Service Contract Act Compliance Overview
McNamara-O'Hara Service Contract Act Compliance OverviewMcNamara-O'Hara Service Contract Act Compliance Overview
McNamara-O'Hara Service Contract Act Compliance Overview
 
Inditex
InditexInditex
Inditex
 
Service contract clauses as business rules
Service contract clauses as business rulesService contract clauses as business rules
Service contract clauses as business rules
 
Сванетия - для влюбленных в горы
Сванетия - для влюбленных в горыСванетия - для влюбленных в горы
Сванетия - для влюбленных в горы
 
портфоліо селіванова
портфоліо селівановапортфоліо селіванова
портфоліо селіванова
 
портфоліо бороденко
портфоліо бороденкопортфоліо бороденко
портфоліо бороденко
 
U.S. Department of Labor - Wage & Hour Division
U.S. Department of Labor - Wage & Hour DivisionU.S. Department of Labor - Wage & Hour Division
U.S. Department of Labor - Wage & Hour Division
 
Industry 4.0 and the road towards it
Industry 4.0 and the road towards itIndustry 4.0 and the road towards it
Industry 4.0 and the road towards it
 
Mayster klas-sipko
Mayster  klas-sipkoMayster  klas-sipko
Mayster klas-sipko
 
Sblo101 june2013finalfor dist
Sblo101 june2013finalfor distSblo101 june2013finalfor dist
Sblo101 june2013finalfor dist
 
Lectura gutierrez, g. - gerencia de proyectos por valor ganado
Lectura   gutierrez, g. - gerencia de proyectos por valor ganadoLectura   gutierrez, g. - gerencia de proyectos por valor ganado
Lectura gutierrez, g. - gerencia de proyectos por valor ganado
 
Erp implementation ethics for successful projects
Erp implementation ethics for successful projectsErp implementation ethics for successful projects
Erp implementation ethics for successful projects
 
Deltek Ajera SaaS admin webinar
Deltek Ajera SaaS admin webinarDeltek Ajera SaaS admin webinar
Deltek Ajera SaaS admin webinar
 

Plus de Aronson LLC

C-Suite’s Guide to Enterprise Risk Management and Emerging Risks
C-Suite’s Guide to Enterprise Risk Management and Emerging RisksC-Suite’s Guide to Enterprise Risk Management and Emerging Risks
C-Suite’s Guide to Enterprise Risk Management and Emerging RisksAronson LLC
 
Allocating Direct and Indirect Costs for Nonprofits
Allocating Direct and Indirect Costs for NonprofitsAllocating Direct and Indirect Costs for Nonprofits
Allocating Direct and Indirect Costs for NonprofitsAronson LLC
 
To Bid or Not to Bid, That Is the Question
To Bid or Not to Bid, That Is the QuestionTo Bid or Not to Bid, That Is the Question
To Bid or Not to Bid, That Is the QuestionAronson LLC
 
Webinar: Understanding Business Tax Returns - A Case Study for Family Lawyers
Webinar: Understanding Business Tax Returns - A Case Study for Family LawyersWebinar: Understanding Business Tax Returns - A Case Study for Family Lawyers
Webinar: Understanding Business Tax Returns - A Case Study for Family LawyersAronson LLC
 
Virginia Businesses: STOP Overpaying Local BPOL Tax\
Virginia Businesses: STOP Overpaying Local BPOL Tax\Virginia Businesses: STOP Overpaying Local BPOL Tax\
Virginia Businesses: STOP Overpaying Local BPOL Tax\Aronson LLC
 
Cybersecurity for Real Estate & Construction
Cybersecurity for Real Estate & ConstructionCybersecurity for Real Estate & Construction
Cybersecurity for Real Estate & ConstructionAronson LLC
 
Ready to Scale: Moving from Commercial to Government for Construction, Engine...
Ready to Scale: Moving from Commercial to Government for Construction, Engine...Ready to Scale: Moving from Commercial to Government for Construction, Engine...
Ready to Scale: Moving from Commercial to Government for Construction, Engine...Aronson LLC
 
Structuring Indirect Rates
Structuring Indirect RatesStructuring Indirect Rates
Structuring Indirect RatesAronson LLC
 

Plus de Aronson LLC (8)

C-Suite’s Guide to Enterprise Risk Management and Emerging Risks
C-Suite’s Guide to Enterprise Risk Management and Emerging RisksC-Suite’s Guide to Enterprise Risk Management and Emerging Risks
C-Suite’s Guide to Enterprise Risk Management and Emerging Risks
 
Allocating Direct and Indirect Costs for Nonprofits
Allocating Direct and Indirect Costs for NonprofitsAllocating Direct and Indirect Costs for Nonprofits
Allocating Direct and Indirect Costs for Nonprofits
 
To Bid or Not to Bid, That Is the Question
To Bid or Not to Bid, That Is the QuestionTo Bid or Not to Bid, That Is the Question
To Bid or Not to Bid, That Is the Question
 
Webinar: Understanding Business Tax Returns - A Case Study for Family Lawyers
Webinar: Understanding Business Tax Returns - A Case Study for Family LawyersWebinar: Understanding Business Tax Returns - A Case Study for Family Lawyers
Webinar: Understanding Business Tax Returns - A Case Study for Family Lawyers
 
Virginia Businesses: STOP Overpaying Local BPOL Tax\
Virginia Businesses: STOP Overpaying Local BPOL Tax\Virginia Businesses: STOP Overpaying Local BPOL Tax\
Virginia Businesses: STOP Overpaying Local BPOL Tax\
 
Cybersecurity for Real Estate & Construction
Cybersecurity for Real Estate & ConstructionCybersecurity for Real Estate & Construction
Cybersecurity for Real Estate & Construction
 
Ready to Scale: Moving from Commercial to Government for Construction, Engine...
Ready to Scale: Moving from Commercial to Government for Construction, Engine...Ready to Scale: Moving from Commercial to Government for Construction, Engine...
Ready to Scale: Moving from Commercial to Government for Construction, Engine...
 
Structuring Indirect Rates
Structuring Indirect RatesStructuring Indirect Rates
Structuring Indirect Rates
 

Dernier

Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...
Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...
Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...MOHANI PANDEY
 
Artificial Intelligence in Philippine Local Governance: Challenges and Opport...
Artificial Intelligence in Philippine Local Governance: Challenges and Opport...Artificial Intelligence in Philippine Local Governance: Challenges and Opport...
Artificial Intelligence in Philippine Local Governance: Challenges and Opport...CedZabala
 
Call Girls Nanded City Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Nanded City Call Me 7737669865 Budget Friendly No Advance BookingCall Girls Nanded City Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Nanded City Call Me 7737669865 Budget Friendly No Advance Bookingroncy bisnoi
 
Election 2024 Presiding Duty Keypoints_01.pdf
Election 2024 Presiding Duty Keypoints_01.pdfElection 2024 Presiding Duty Keypoints_01.pdf
Election 2024 Presiding Duty Keypoints_01.pdfSamirsinh Parmar
 
VIP Call Girl mohali 7001035870 Enjoy Call Girls With Our Escorts
VIP Call Girl mohali 7001035870 Enjoy Call Girls With Our EscortsVIP Call Girl mohali 7001035870 Enjoy Call Girls With Our Escorts
VIP Call Girl mohali 7001035870 Enjoy Call Girls With Our Escortssonatiwari757
 
CBO’s Recent Appeals for New Research on Health-Related Topics
CBO’s Recent Appeals for New Research on Health-Related TopicsCBO’s Recent Appeals for New Research on Health-Related Topics
CBO’s Recent Appeals for New Research on Health-Related TopicsCongressional Budget Office
 
Human-AI Collaboration for Virtual Capacity in Emergency Operation Centers (E...
Human-AI Collaborationfor Virtual Capacity in Emergency Operation Centers (E...Human-AI Collaborationfor Virtual Capacity in Emergency Operation Centers (E...
Human-AI Collaboration for Virtual Capacity in Emergency Operation Centers (E...Hemant Purohit
 
Item # 4 - 231 Encino Ave (Significance Only).pdf
Item # 4 - 231 Encino Ave (Significance Only).pdfItem # 4 - 231 Encino Ave (Significance Only).pdf
Item # 4 - 231 Encino Ave (Significance Only).pdfahcitycouncil
 
Night 7k to 12k Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...
Night 7k to 12k  Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...Night 7k to 12k  Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...
Night 7k to 12k Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...aartirawatdelhi
 
WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.
WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.
WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.Christina Parmionova
 
2024: The FAR, Federal Acquisition Regulations, Part 30
2024: The FAR, Federal Acquisition Regulations, Part 302024: The FAR, Federal Acquisition Regulations, Part 30
2024: The FAR, Federal Acquisition Regulations, Part 30JSchaus & Associates
 
PPT Item # 4 - 231 Encino Ave (Significance Only)
PPT Item # 4 - 231 Encino Ave (Significance Only)PPT Item # 4 - 231 Encino Ave (Significance Only)
PPT Item # 4 - 231 Encino Ave (Significance Only)ahcitycouncil
 
Call On 6297143586 Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...
Call On 6297143586  Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...Call On 6297143586  Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...
Call On 6297143586 Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...tanu pandey
 
Booking open Available Pune Call Girls Shukrawar Peth 6297143586 Call Hot In...
Booking open Available Pune Call Girls Shukrawar Peth  6297143586 Call Hot In...Booking open Available Pune Call Girls Shukrawar Peth  6297143586 Call Hot In...
Booking open Available Pune Call Girls Shukrawar Peth 6297143586 Call Hot In...tanu pandey
 
2024: The FAR, Federal Acquisition Regulations - Part 29
2024: The FAR, Federal Acquisition Regulations - Part 292024: The FAR, Federal Acquisition Regulations - Part 29
2024: The FAR, Federal Acquisition Regulations - Part 29JSchaus & Associates
 
↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...
↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...
↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...ranjana rawat
 
Call Girls Chakan Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Chakan Call Me 7737669865 Budget Friendly No Advance BookingCall Girls Chakan Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Chakan Call Me 7737669865 Budget Friendly No Advance Bookingroncy bisnoi
 
Top Rated Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...
Top Rated  Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...Top Rated  Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...
Top Rated Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...Call Girls in Nagpur High Profile
 
Call On 6297143586 Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
Call On 6297143586  Viman Nagar Call Girls In All Pune 24/7 Provide Call With...Call On 6297143586  Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
Call On 6297143586 Viman Nagar Call Girls In All Pune 24/7 Provide Call With...tanu pandey
 
The U.S. Budget and Economic Outlook (Presentation)
The U.S. Budget and Economic Outlook (Presentation)The U.S. Budget and Economic Outlook (Presentation)
The U.S. Budget and Economic Outlook (Presentation)Congressional Budget Office
 

Dernier (20)

Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...
Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...
Get Premium Budhwar Peth Call Girls (8005736733) 24x7 Rate 15999 with A/c Roo...
 
Artificial Intelligence in Philippine Local Governance: Challenges and Opport...
Artificial Intelligence in Philippine Local Governance: Challenges and Opport...Artificial Intelligence in Philippine Local Governance: Challenges and Opport...
Artificial Intelligence in Philippine Local Governance: Challenges and Opport...
 
Call Girls Nanded City Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Nanded City Call Me 7737669865 Budget Friendly No Advance BookingCall Girls Nanded City Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Nanded City Call Me 7737669865 Budget Friendly No Advance Booking
 
Election 2024 Presiding Duty Keypoints_01.pdf
Election 2024 Presiding Duty Keypoints_01.pdfElection 2024 Presiding Duty Keypoints_01.pdf
Election 2024 Presiding Duty Keypoints_01.pdf
 
VIP Call Girl mohali 7001035870 Enjoy Call Girls With Our Escorts
VIP Call Girl mohali 7001035870 Enjoy Call Girls With Our EscortsVIP Call Girl mohali 7001035870 Enjoy Call Girls With Our Escorts
VIP Call Girl mohali 7001035870 Enjoy Call Girls With Our Escorts
 
CBO’s Recent Appeals for New Research on Health-Related Topics
CBO’s Recent Appeals for New Research on Health-Related TopicsCBO’s Recent Appeals for New Research on Health-Related Topics
CBO’s Recent Appeals for New Research on Health-Related Topics
 
Human-AI Collaboration for Virtual Capacity in Emergency Operation Centers (E...
Human-AI Collaborationfor Virtual Capacity in Emergency Operation Centers (E...Human-AI Collaborationfor Virtual Capacity in Emergency Operation Centers (E...
Human-AI Collaboration for Virtual Capacity in Emergency Operation Centers (E...
 
Item # 4 - 231 Encino Ave (Significance Only).pdf
Item # 4 - 231 Encino Ave (Significance Only).pdfItem # 4 - 231 Encino Ave (Significance Only).pdf
Item # 4 - 231 Encino Ave (Significance Only).pdf
 
Night 7k to 12k Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...
Night 7k to 12k  Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...Night 7k to 12k  Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...
Night 7k to 12k Call Girls Service In Navi Mumbai 👉 BOOK NOW 9833363713 👈 ♀️...
 
WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.
WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.
WORLD DEVELOPMENT REPORT 2024 - Economic Growth in Middle-Income Countries.
 
2024: The FAR, Federal Acquisition Regulations, Part 30
2024: The FAR, Federal Acquisition Regulations, Part 302024: The FAR, Federal Acquisition Regulations, Part 30
2024: The FAR, Federal Acquisition Regulations, Part 30
 
PPT Item # 4 - 231 Encino Ave (Significance Only)
PPT Item # 4 - 231 Encino Ave (Significance Only)PPT Item # 4 - 231 Encino Ave (Significance Only)
PPT Item # 4 - 231 Encino Ave (Significance Only)
 
Call On 6297143586 Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...
Call On 6297143586  Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...Call On 6297143586  Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...
Call On 6297143586 Yerwada Call Girls In All Pune 24/7 Provide Call With Bes...
 
Booking open Available Pune Call Girls Shukrawar Peth 6297143586 Call Hot In...
Booking open Available Pune Call Girls Shukrawar Peth  6297143586 Call Hot In...Booking open Available Pune Call Girls Shukrawar Peth  6297143586 Call Hot In...
Booking open Available Pune Call Girls Shukrawar Peth 6297143586 Call Hot In...
 
2024: The FAR, Federal Acquisition Regulations - Part 29
2024: The FAR, Federal Acquisition Regulations - Part 292024: The FAR, Federal Acquisition Regulations - Part 29
2024: The FAR, Federal Acquisition Regulations - Part 29
 
↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...
↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...
↑VVIP celebrity ( Pune ) Serampore Call Girls 8250192130 unlimited shot and a...
 
Call Girls Chakan Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Chakan Call Me 7737669865 Budget Friendly No Advance BookingCall Girls Chakan Call Me 7737669865 Budget Friendly No Advance Booking
Call Girls Chakan Call Me 7737669865 Budget Friendly No Advance Booking
 
Top Rated Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...
Top Rated  Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...Top Rated  Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...
Top Rated Pune Call Girls Dapodi ⟟ 6297143586 ⟟ Call Me For Genuine Sex Serv...
 
Call On 6297143586 Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
Call On 6297143586  Viman Nagar Call Girls In All Pune 24/7 Provide Call With...Call On 6297143586  Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
Call On 6297143586 Viman Nagar Call Girls In All Pune 24/7 Provide Call With...
 
The U.S. Budget and Economic Outlook (Presentation)
The U.S. Budget and Economic Outlook (Presentation)The U.S. Budget and Economic Outlook (Presentation)
The U.S. Budget and Economic Outlook (Presentation)
 

Service Contract Labor Standards and Pricing Implications

  • 1. Service Contract Labor Standards and Pricing Implications Hope Lane & Barbara Connell | March 30, 2016 http://blogs.aronsonllc.com/fedpoint/
  • 2. 2 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Agenda • What/When/Where/Who • Wage Determinations • Wages and Fringe Benefits • Contract Compliance and the Impact of Recent Executive Orders • Pricing and the Impact of Recent Executive Orders
  • 3. 3 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | What/When/Where/Who?
  • 4. 4 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | What is SCA? Service Contract Labor Standards Formerly known as Service Contract Act of 1965 (SCA) •Sets the minimum wages and fringe benefits that contractors and their subcontractors must pay service employees working on covered contracts. Similar to the Davis-Bacon Act (construction) and Walsh-Healey (supply) •Pub. L. 89-286, 79 Stat. 1034; Codified at 41 U.S.C. 67 •Amended twice: –1972 – Successor Employer Obligation § 4(c) –1976 – Extension to White Collar Employees •Regulations –29 CFR Part 4, Section 4.6, Last major changes 1/30/84 –FAR 52.222-41 Service Contract Labor Standards –FAR 52.222-17 Nondisplacement of Qualified Workers
  • 5. 5 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | What is SCA? • SCA was intended to remove wages as a bidding factor in the competition of federal service contracts; and • To provide wage protection to service employees
  • 6. 6 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | When Does SCA Apply? To contracts that are… •From any Federal Agency or any other Federal Government entity or District of Columbia; •To be performed in the U.S, its territories and possessions; •Principally for services (>50% of contract effort); •Performed through the use of service employees; and •In excess of $2,500.
  • 7. 7 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | When Does SCA NOT Apply? To contracts that are…. •For leasing of space •For professional services (performed almost exclusively by employees that meet the exemptions under 29 CFR Part 541) – Non-exempt employees are a minor factor in contract performance, DOL applies a 10-20% range •For maintenance, calibration or repair of IT and office equipment •For federally-assisted contracts for services entered into by state governments (e.g. Medicaid, Medicare programs) •Other Statutory exemptions (e.g. construction, freight, carriage) •For communication services covered by the Communications Act of 1934 •For public utilities services •For employment contracts with individuals for direct services to a Federal agency •For United States Postal Service contract station operation contracts
  • 8. 8 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | • Johnston Island • Wake Island • The Virgin Islands • Outer Continental Shelf Islands as defined in the Outer Continental Shelf Lands Act. • Any State • The District of Columbia • Puerto Rico • Commonwealth of Northern Mariana Islands • Guam • American Samoa Where Does SCA Apply? Geographical Limits The SCA applies to all work performed within the United States. For purposes of the SCA, the term “United States” includes:
  • 9. 9 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | How to Determine if SCA Applies to an RFP/Contract? Requests for Proposal or Contracts incorporating either of the following two clauses: •FAR 52.222-41 Service Contract Labor Standards FAR (Federal Acquisition Regulations) are the rules and regulations that implement acquisition policies for federal agencies and Contractors -OR- •29 CFR Part 4, Section 4.6 Labor Standards clauses for Federal service contracts exceeding $2,500 The Code of Federal Regulations (CFR) is a compilation of the regulations that implement federal laws
  • 10. 10 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | How to Determine if SCA Applies to an RFP/Contract? AND Area Wage Determination (AWD) •Attached as an exhibit; or •By reference (not recommended)
  • 11. 11 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | What if SCA is NOT in Contract? The “Christian Doctrine” •Mandatory clauses automatically become part of the contract despite their omission from the contract. FAR 22.1006 •Details the mandatory clauses for service contracts government by the Service Contract Labor Standards; therefore, they would be included in contracts even if they are inadvertently omitted.
  • 12. 12 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Who Interprets & Administers It? • SCA is enforced solely by DOL • Contracting agencies have certain responsibilities but no authority. • If contract is subject to SCA but agency does not specify SCA in contract, DOL will notify agency to insert SCA contract clauses & applicable Wage Determinations. • Reliance on advice from contracting agency officials is not a defense against a contractor’s back wages under the Act (29 CFR 4.187 (e) (5)).
  • 13. 13 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Employees who qualify for exemption as executive, administrative or professional as defined by 29 CFR Part 541… •Executive – Must be paid on a salary basis at least $455/week, supervise 2 or more workers, exercise authority; and spend most of their time doing so •Administrative – Must be paid on a salary basis at least $455/week, make decisions of importance and significance using independent judgment and discretion, and spend most of their time doing so • Professional – May be paid salary, fixed fee, or hourly basis at least $455/week, perform work primarily requiring advanced knowledge, predominantly intellectual, customarily acquired by a prolonged course of specialized intellectual instruction (e.g. college level); and exercise independent judgment and discretion • Computer Professional – May be paid on a hourly basis if paid more than $27.63/hour; otherwise, – Must be paid on a salary basis at least $455/week – Perform higher level duties (e.g. design, development work with greater responsibilities) Which Employees are Exempt from SCA?
  • 14. 14 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | DOL Proposed Rule – Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees • Released June 30, 2015 • Proposed increase to current minimum salary for exempt employees from $455/week ($23,660/year) to a minimum of approximately $970/week ($50,440/year) • 113% increase! • DOL estimates around 5 million additional employees to become non-exempt • DOL targeting July 2016 release of final rule, effective within 60-90 days after publication Will result in fewer exempt employees, increasing the number of employees subject to SCA!
  • 15. 15 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Wage Determinations
  • 16. 16 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | What is an Area Wage Determination (WD)? A WD sets the minimum wages and fringe benefits for job classifications for a specific geographical region. •Minimum hourly Wage for the job position •Minimum hourly Health & Welfare Benefit •Minimum annual Vacation Benefit •Minimum Holiday Benefit Note: As a rule, SCA does NOT provide for Sick Leave Benefit. (That benefit if given, is governed by the Contractor’s company policy. An exception to this rule – Collective Bargaining Agreements (CBAs) may contain a Sick Leave requirement or Sick Leave may be mandated by Presidential Executive Order 13706)
  • 17. 17 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Types of SCA WDs Area (Standard) WDs •Generic, issued per locality, reflect prevailing wages •Locality is county or group of counties, or larger •Area WDs list over 200 worker classifications Non-Standard WDs •e.g., fast food, elevator maintenance, diving, moving household goods, urinalysis, etc. •Reflect wages prevailing in specific industry
  • 18. 18 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Types of SCA WDs Collective Bargaining Agreement (CBA) WDs – Based on predecessor collective bargaining agreements under SCA Sec. 4(c) Contract-Specific WDs – WDs issued by specific request to DOL for unique (often sole- sourced) contracts – Cannot be used for any other contract
  • 19. 19 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Directory of Occupations • For Standard and Non-Standard WDs, the Directory defines classifications and duties • Published by DOL • Contains federal grade equivalent levels • Located on the Library Page at www.WDOL.gov
  • 20. 20 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Where do You get SCA WDs? • For Contractors – look in your contract – WDs must be incorporated into the contract by the contracting officer to be applicable • Contracting officers obtain WDs from www.wdol.gov – WDOL is a menu-driven database for contracting agencies to use – Accessible by the general public for informational purposes only
  • 21. 21 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Wage Determination • DOL issues two Standard WDs for each locality – odd-numbered – even-numbered • Labor classifications, wage rates, H&W rate, holidays and vacation benefits are the same on both WDs. • However, the method required to be used by employers in providing the H&W benefit is different for each WD…
  • 22. 22 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA WD – Odd Numbered • Odd-numbered WDs (i.e., 2005-2011) require a contractor to pay the H&W rate for all hours paid each week (work time and paid leave time) up to a maximum of 40 hours each week • Referred to as the “Fixed Cost” – Most frequently used
  • 23. 23 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA WD – Even Numbered • Even-numbered WDs (i.e., 2005-2020) require a contractor to pay a minimum contribution for benefits costing an average of the H&W rate for all hours worked (including overtime hours) by service employees on the contract
  • 24. 24 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Updates to Wage Determinations • No increase to minimum wages for a number of years. DOL did not have a standard upon which to base regular wage increases. • New source: Occupational Employment Statistics (OES) survey published by Bureau of Labor Statistics (BLS) • More WDs issued due to OES survey’s smaller geographic areas • WDOL.gov – Library of Links and Related Information – 2015 SCA Crosswalk for new WDs
  • 25. 25 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Updates to Wage Determinations, Cont. • To avoid a disruptive impact on wages due to transition to OES survey, DOL will implement new methodology gradually- – DOL will maintain existing wage rates as a floor – DOL will cap any increases in wage rates at 10% per WD rate update • Updates to Directory of Occupations – Updates to existing occupational definitions – 27 new classifications added All Agency Memo No. 218
  • 26. 26 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Wages and Fringe Benefits
  • 27. 27 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Common Misconceptions • “I pay higher than market wages.” • “I have a healthy benefits package.” • “I pay more than is required, so it offsets the health and welfare deficit.” • “They’re independent contractors, its not my problem.” • “The labor category doesn’t appear in DOL’s Directory of Occupations, so it is not SCA covered.” • “DOL released a new WD, I need to make payroll changes.” • “Temporary employees don’t earn benefits.”
  • 28. 28 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Payment of Wages • The prevailing rate established by the contract Wage Determination (WD) is the minimum rate of pay. • Wages and hours worked must be calculated on a fixed and regularly recurring “work week” of seven consecutive 24-hour workday periods. – Payroll Records must be kept on this basis – A bi-weekly or semi-monthly pay period may be used if advance notice is given to affected employees. • No distinction is recognized in wage compensation requirements between full-time, part-time, and temporary employees.
  • 29. 29 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Fringe Benefits (FBs) Prevailing WDs identify fringe benefits •Vacation, generally stated as X weeks/year •Holidays, generally stated as X days/year •Health and Welfare (H&W) Benefits – Stated as an hourly amount – Issued nationwide (one rate for all localities, except Hawaii) – Revised annually by DOL approximately every June 1st (applicable to contract awards/options issued thereafter) Significant 2015 HW increase due to Affordable Care Act (ACA). We anticipate other significant increases may occur this year.
  • 30. 30 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Vacation Benefits Vested and becomes due after the SCA employee’s Anniversary date determined by total length of time: • Working for present employer in any capacity • And/or working for predecessor contractors in performance of similar services at the same facility.
  • 31. 31 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Holiday Benefits • Employee is entitled to holiday pay if they work in or receive sick/vacation pay in the holiday workweek. • Holiday Pay is generally not applicable to days in which the Federal Government is closed by proclamation, such as the day before Christmas or on snow days, in other words, any holiday not named in the Contract or Wage Determination.
  • 32. 32 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Part-Time & Temp Employees Part-time employees must be paid a proportionate amount of the mandated fringe benefits. Examples: – A full-time employee is entitled to 2 weeks (80 hours) of vacation. A part- time employee working a regular schedule of 20 hours per week would be entitled to ½ (40 hours) the paid vacation benefits at the end of the anniversary year. – The same part-time employee would be entitled to ½ the holiday pay benefits (e.g., 4 hours) – Temporary or part-time employees working irregular schedule of hours are entitled to holiday pay proportionate to the number of hours worked in the week prior to the holiday. – All part-time and temporary employees would be entitled to the same hourly rate of the health & welfare (e.g. $4.27/hour).
  • 33. 33 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA H&W Benefits • Reference 29 CFR Part 4, Sec. 4.175 (a) and (b) • Under both types of Standard WDs, employers discharge the H&W requirement by – Providing bona fide benefits to the workers – Or cash payment for the H&W rate – Or paying a combination of cash and bona fide benefits – Currently $4.27 hour
  • 34. 34 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Payment H&W Benefits • Cash payments in lieu of fringe benefits must be paid on regular pay date (29 CFR § 4.165(a)) • Payments into bona fide FB plans must be made no less often than quarterly (29 CFR § 4.175(d)) • Excess wages over WD minimum may not be credited toward H&W requirements (29 CFR § 4.170) • Excess FB costs may not be credited toward wage requirements (29 CFR § 4.167)
  • 35. 35 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | • Health Insurance • Dental Insurance • Life Insurance • Accidental Death & Dismemberment • Disability Insurance • Vision Care Insurance • Sick Leave Paid, if not required by CBA, WD, or mandated by Executive Order 13706 or state/municipal law • Employer Contributions to 401(k) Savings Plan • ESOP, Pension Plan, or Thrift Plan • Educational Assistance, if not required by the job • Severance Pay Plans • Paid Vacation or holiday in excess of WD requirement • Jury Duty, Military, bereavement, and other paid leave in excess of that required by law • Cash paid in lieu of benefit plans What Benefits Satisfy H&W Typical Benefits that satisfy the H&W requirement are:
  • 36. 36 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Benefits NOT Satisfying H&W Typical Benefits NOT ELIGIBLE for Satisfying the H&W requirement are: • Statutory payments (FICA, Unemployment Insurance, Worker’s Compensation) • Benefits provided for the benefit or convenience of the company: • Relocation • Incentive Awards • Tools • Uniforms, not required by WD • Social functions, gifts, celebrations • Administrative costs incurred in providing benefits • Paid leave or sick leave required by the CBA, WD, or Executive Order 13706, or state/municipal law
  • 37. 37 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Collectively Bargained FBs • Based on Collective Bargaining Agreement (CBA) • Required to be paid by successor contractor under section 4 (c) of SCA • FBs specifically stipulated in CBA are not required. Equivalent benefits may be provided • Cash equivalent payments can be used to offset the FBs due
  • 38. 38 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Contract Compliance and the Impact of Recent Executive Orders
  • 39. 39 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Who is Liable for Compliance? The Prime Contractor •Must “flow down” the applicable SCA contract clauses to subcontractors (includes independent subcontractor – i.e., 1099s) (29 CFR 4.155) •“Joint and severally” liable for subcontractor’s non-compliance with SCA (29 CFR 4.114(b))
  • 40. 40 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Costly Assumption “We have a healthy benefits package, our fringe rate is 32%.” •Odd WDs - Complying with HW requirements is based on the cost of actual benefits taken by each employee, not firm-wide fringe cost. •Even WDs - Complying with HW requirements is based on the average cost of benefits taken by all covered employees, not firm-wide fringe cost.
  • 41. 41 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | How to Implement a Compliance Program? • Keeping an excel spreadsheet which tracks wages and benefits in comparison to SCA wage determination requirements. • Factors that add to the complexity of compliance: – Multiple pay rates and/or positions during the year – Multiple benefits costs during the year – OCONUS deployments not subject to SCA
  • 42. 42 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Why Should I Comply? SCA Sanctions & Remedies (41 U.S.C. 6705) For violations, the U.S. Government may…. •Withhold from payment for the contract a sum adequate to pay back wages or fringe benefits to underpaid employees; •Bring legal action against the Contractor or surely for the amount of underpayment; •Terminate contract and hold Contractor liable for any resulting cost to the government; and •Not award contracts to a violator for up to 3 years (debarment). Representations of preceding 3-year SCA compliance violations influence proposal evaluations (Fair Pay and Safe Workplaces E.O. 13673)
  • 43. 43 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Comply with SCA or Go to Jail “Business owner was sentenced to 8 years in prison and ordered to pay more than $2 million in restitution for role in a complex, multiyear scheme to steal employee benefit contributions required under the McNamara O’Hara Service Contract Act (SCA)” OIG Investigations Newsletter Volume I United States v. Tucker et al
  • 44. 44 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | DOL Investigation Issues • Are SCA regulations included in contract? • Are the SCA poster & WD, including any conformance actions, posted at the site or made available to employees? • Does WD contain necessary labor categories? • Is a conformance necessary? • Are employees properly classified (WD & FLSA)? • Are fringe benefits properly paid? • Is Overtime correctly paid under the FLSA, if appropriate? • Has employer kept accurate payroll records?
  • 45. 45 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Pricing and the Impact of Recent Executive Orders
  • 46. 46 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Basic Pricing Elements • Labor (WD or E.O. Minimum Wage) • Fringe – Health & Welfare (generally priced on billable hours but paid on all hours up to 40/wk) – Vacation – Holiday – Sick Leave (as mandated by Executive Order 13706) – Other Leave (if offered) – Statutory payments (FICA, unemployment insurance workers compensation) • Overhead • General & Administration (G&A) • Profit
  • 47. 47 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | FAR 52.222-55, Minimum Wages Under Executive Order 13658 • Final rule announced on October 2, 2014 • Establishes minimum wage ($10.15 effective January 1, 2016 – December 31, 2016) for employees working on federal contracts – Includes workers performing on or in connection with contracts covered by the clause whose wages are governed by SCA, FLSA, or DBA – Includes non-direct personnel performing duties necessary to support covered contracts (e.g. Receptionist at SCA contract- dedicated contractor site facility) as long as they spend more than 20% of their work hours in a given workweek performing in connection with covered contracts (see next slide).
  • 48. 48 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | FAR 52.222-55, Covered Contracts • Affects solicitations issued on or after January 1, 2015 • Covered by SCA, Fair Labor Standards Act (FLSA), or Davis Bacon Act (DBA); - And - • Contract must fall into one of the following categories: – Procurement contracts for services or construction covered by Davis Bacon Act (DBA) – Service contracts covered by SCA – Contracts for concessions – Contracts in connection with federal property or lands related to offering services for Federal employees, their dependents, or the general public
  • 49. 49 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | FAR 52.222-55, Continued • Flowdown contract clause to all tiers of subcontractors • DOL will have investigation and enforcement authority – Remedy suspected violation though conciliation (informal remedial measure) – Pay all unpaid wages pursuant to DOL’s findings – DOL may direct withholding of payments until violation resolved – Potential suspension or debarment
  • 50. 50 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Price Adjustments • When the contract is modified to incorporate a new WD or when the Secretary of Labor publishes a new FAR minimum wage rate, a contractor may be entitled to a change in contract price – New (most current) SCA rates will be incorporated into the contract at each option, extension, substantial change in scope of work, or no less than every two years if not funded annually. – Secretary of Labor determines FAR minimum wage rate yearly
  • 51. 51 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | SCA Price Adjustments • Under cost-reimbursable contracts, contract price relies on “reasonable, allowable, and allocable” determinations • Under fixed-price contracts, a contract price can be changed only under – The Changes Clause, OR – The SCA/FLSA Price Adjustment Clause (FAR 52.222-43)
  • 52. 52 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | E.O. 13673, Fair Pay and Safe Workplaces • Rule Proposed May 28, 2015 • Contractors bidding on procurement contracts in excess of $500,000 will be required to “represent to the best of [their] knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment” rendered against the contractor within the preceding 3-year period for violations of several labor laws including SCA. • This information, along with Agency Labor Compliance Advisor’s (ALCA) recommendation, will be factored into the CO’s responsibility determination. CO makes ultimate decision. • Similar information will need to be collected from and disclosed on behalf of subcontractors of all tiers on subcontracts valued over $500,000 (other than COTS items). Collection of this data needs to be incorporated into subcontracting agreements. Contractormisconduct.org – Search “Kevin v. Lockheed Martin”
  • 53. 53 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Disclose Violations for 14 Federal Labor Laws • —The Fair Labor Standards Act, 29 U.S.C. chapter 8. • —The Occupational Safety and Health Act (OSHA) of 1970. • —The Migrant and Seasonal Agricultural Worker Protection Act. • —The National Labor Relations Act. • —40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. • —41 U.S.C. chapter 67, formerly known as the Service Contract Act. • —E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). • —Section 503 of the Rehabilitation Act of 1973. • —The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. • —The Family and Medical Leave Act. • —Title VII of the Civil Rights Act of 1964. • —The Americans with Disabilities Act of 1990. • —The Age Discrimination in Employment Act of 1967. • —52.222-55 - Minimum Wages Under Executive Order 13658 Equivalent state law violations must be disclosed
  • 54. 54 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | E.O. 13673, Fair Pay and Safe Workplaces, Cont. • During contract performance, contractors performing work on covered contracts and subcontracts will be required to update disclosures every 6 months • Information disclosed may result in Government action including decision not to exercise a contract option, contract termination, or referral to the agency suspending and debarring official • CO will request that labor law violation information is input into System for Award Management (SAM)
  • 55. 55 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | E.O. 13673, Fair Pay and Safe Workplaces, Cont. • Implementation will occur on new contracts in stages, on a prioritized basis, after final rule • Final rule should be released in April or May SCA compliance is more crucial to business success than ever before!
  • 56. 56 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | E.O. 13706, Establishing Paid Sick Leave for Federal Contractors • E.O. released September 7, 2015, proposed rule issued February 25, 2016 • Establishes up to 7 days (56 hours) of sick leave per year – Earned at the rate of 1 hour of paid sick leave for every 30 hours worked on contracts subject to SCA, DBA, concessions contracts, & contracts in connection with Federal property or lands • Accrued sick leave carries over from year to year • Unused paid sick leave is not required to be paid out upon separation, but contractors must reinstate sick leave for employees that are rehired by the same contractor or a successor contractor within 12 months of job separation
  • 57. 57 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | E.O. 13706, Establishing Paid Sick Leave for Federal Contractors, Cont. • Applies to prime and all tiers of subcontractors • Exempt employees working on SCA-covered contracts are required to receive sick leave. • Includes non-direct personnel performing duties necessary to support covered contracts (e.g. Receptionist at SCA contract- dedicated contractor site facility) as long as they spend more than 20% of their work hours in a given workweek performing in connection with covered contracts
  • 58. 58 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | E.O. 13706, Establishing Paid Sick Leave for Federal Contractors, Cont. • Sick leave provided to fulfill requirements of the E.O. may not credit towards HW under SCA. Sick leave provided in addition to required amount under the E.O. may count towards HW requirement. • Comment period extended to April 12, 2016!
  • 59. 59 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | About Aronson LLC Aronson LLC provides a comprehensive platform of assurance, tax, and consulting solutions to today’s most active industry sectors and successful individuals. For more than 50 years, we have purposefully expanded our service offerings and deepened our industry specialties to better serve the needs of our clients, people, and community. From startup to exit, we help our clients maximize opportunity, minimize risk, and unlock their full potential.
  • 60. 60 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | About Aronson LLC • Thinking ahead for clients for more than 50 years • 225+ professionals located in Rockville, MD • 80+ professionals dedicated to supporting government contractors • Aronson helps clients rethink the way they approach their business through innovative, industry-specific services and advice: – Audit, Assurance and Tax – Deltek Systems and Outsourcing – Financial and Contract Compliance – GSA Schedules • www.aronsonllc.com/blogs/fedpoint/ – News and trends and insight for today’s savvy government contractor
  • 61. 61 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Awards / Accolades / Affiliations The Gazette of Politics & Business Exceptional 53 Business Award In 2012, Aronson received the PB53 award for the third year in a row. The program acknowledges the top businesses and organizations in Maryland based on criteria that includes the company’s annual revenue, employee growth, noteworthy product or service innovations, community service efforts and more. Accounting Today Top Firm In 2013, Aronson was once again named to Accounting Today’s list of the top 100 firms in the country. Accounting Today is a leading provider of online business news for the tax and accounting community. Washington Business Journal Top 25 Aronson is ranked #12 on the Washington Business Journal’s Top 25 Accounting Firms in the DC Metropolitan area. INSIDE Public Accounting Top 100 Once again, Aronson has earned a spot in the top 100 of this prestigious list, released by INSIDE Public Accounting. This is the longest running, most comprehensive and accurate independent analysis focusing on management and operations of America’s large local, regional and national firms. Washington Business Journal Best Places to Work Aronson has been recognized five times as one of the Metro area’s “Best Places to Work.” The award recognizes a company’s achievements in creating a positive work environment that attracts and retains employees through a combination of employee satisfaction, working conditions and company culture. Montgomery County Chamber Corporate Social Responsibility Award In 2010, Aronson was honored to receive the MCCC’s Corporate Social Responsibility Award based on the depth and breadth of the company’s energetic commitment to support young people, in the areas of education, housing and health.
  • 62. 62 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Hope Lane, CPA, leads Aronson LLC's Government Contract Consulting practice. With more than 20 years of broad-based experience in the government contracting arena, she is well-known as one of the industry's most knowledgeable thought leaders in contract-related financial compliance and contract administration. Exclusively focused on government contracting, Hope possesses in-depth understanding and hands-on expertise. Prior to joining Aronson, she served in financial management positions with several regional federal contractors. Often described by her peers as forward-thinking, Hope is able to go beyond what a client asks for to deliver precisely what they need. As an avid advocate for the government contracting industry, Hope is a guest speaker and lecturer for associations and industry trade groups and a featured speaker at Aronson's executive briefings. She also serves as editor-in-chief of Aronson's Fed Point blog. As a leader in the firm, Hope advocates for continuous growth and mentorship and encourages others in the practice to innovate for the benefit of their clients. Hope earned her bachelor's degree in accounting from the University of North Carolina at Charlotte and is actively involved in professional organizations like the Professional Services Council, National Contract Management Association and Women Impacting Public Policy. Partner, Government Contract Services Group 301.231-6266 hlane@aronsonllc.com Hope Lane, CPA
  • 63. 63 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | Barbara Connell is a Senior Consultant in Aronson LLC's Government Contract Services Group, where she works with government contractors to provide customized solutions that ensure success and compliance. As a Senior Consultant, Barbara assists clients with GSA Schedule contract acquisition and maintenance, Service Contract Act compliance, preparation of budgeted indirect rates and submission of incurred costs and a variety of government contract compliance areas. As an expert in her field, Barbara is a regular contributor to Aronson's Fed Point blog and she is a featured speaker for Aronson on Service Contract Act compliance. Barbara earned a bachelor's degree from the Pennsylvania State University, where she majored in marketing with a minor in information systems management. Senior Consultant, Government Contract Services Group 240.364.2657 bconnell@aronsonllc.com Barbara Connell
  • 64. 64 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | 301.231.6266 Contact Hope Lane / Aronson LLC hlane@aronsonllc.com https://www.linkedin.com/in/hopelanecpa https://twitter.com/Aronsonllc
  • 65. 65 © 2016 | www.aronsonllc.com | www.aronsonllc.com/blogs | 240.364.2657 Contact Barbara Connell / Aronson LLC bconnell@aronsonllc.com https://www.linkedin.com/in/barbaraconnell https://twitter.com/Aronsonllc

Notes de l'éditeur

  1. There are some very specific excusions….
  2. If you have employees performing OCONUS, not SCA-covered
  3. How do you determine is SCA applies to an RFP you’re interested in or to a contract you already have? -You’ll want to look for one of these two clauses in your contract (state clauses) -If its a contract you’ve already won, hopefully you’re already aware that its SCA covered. A lot of contractors learn that their contract is SCA-covered well after contract award. It important you know during the RFP stage because there are high pricing implications as a result of SCA coverage that Hope is going to discuss a bit later on.
  4. Another tell tale sign that a contract is SCA-covered is the inclusion of the area wage determination. The WD can be included in two ways… -The first is that the WD can be included as an attachment in its entirety. This is the preferred method, because the WD is hard to miss when it is included this way because its at least 10 pages long. When you see one of these, you know the contract is SCA-covered. -Another way the WD can be incorporated is if it is mentioned by reference. This way is not ideal because its barried in the RFP, and its much less obvious that its included. If its incorporated this way, then you’ll have to go to the WDOL website and pull the WD down yourself. However the WD is included, it is important that you thoroughly review all of the requirements listed on the WD so that you are fully aware and you understand the impacts that the specific WD will have on your pricing for this piece of work.
  5. What if it sounds like a contract should be SCA-covered, its predominantly for services, its over $2,500, and its performed within the US, but you don’t see that SCA is included when you’re looking at the RFP? Well.. In this case the Christian Doctrine applies and what this means is that any mandatory clauses that should have been included, but were inadvertently omitted, will automatically become a part of the contract. When might this come up? Say you have some new employees on the contract, that have previously worked on SCA contracts, and they ask wheres my health and welfare? They may make an inquiry to DOL. DOL will then perform an assessment. If they determine that SCA should have been incorporated into the contract, they will incorporate it retroactive to the start of the contract. If this happens, the contractor will be made whole by the Government for retroactively paying employees, but they are never truly made whole because it takes a lot of time and effort to perform the analysis to determine which employees are SCA covered, how many hours did they work and how much they are owed. That is a lot of time that won’t be recovered. This is why its important at the RFP stage, to ask the question is this contract SCA covered, so you know and you can be compliant from the very start of the contract.
  6. Proposed rule to amend FLSA salary basis – significant increase from $455 to $970, comment period ended on Sept 4 then final rule will be posted Others does not apply to – Teachers: primary duty of teaching/instruction/work for educational institution Creative Professionals: Salaried $455 week, primary duty is the performance of work requiring imagination, invention or originality in a recognized field of artistic or creative endeavor Outside Salespeople: primary duty is making sales or obtaining orders or contracts for services or for the use of facilities which a consideration will be paid by the client or customer; customarily engaged away from employer’s place of business
  7. DOL currently reviewing nearly 300,000 comments on proposed rule
  8. What is an Area Wage Determination? A wage determination identifies a number of key elements including min wages and fringe benefits for specific job classifications. There are more than 200 WDs across the country, and they are all geographically focused. The WD lays out.. As a rule, SCA does not allow for sick leave benefits, but your contract may incorporate WDs that are connected to collective bargaining agreements, which may have a sick leave requirement in them. So if you’ve heard of someone receiving sick leave under SCA, it is most likely because there is a collective bargaining agreement in place. An executive order (13706) was released on September 7,2015, and the proposed rule was just issued on February 25. The EO requires contractors to provide sick leave to employees on covered contracts. We’ll talk about this in more detail later on.
  9. There are different types of WDs that we’ll go over. The most common WD is called the Area, or standard WD. These WDs are generic, and issued by locality (as a county, group of counties, or even as large as an entire state). Each WD lists over 200 worker classifications. There are also nonstandard WDs that reflect wges in a specific industry like fast food, diving, flying airplanes and drones, that sort of the thing.
  10. As I mentioned earlier, a CBA may be attached to a WD and incorporated into a specific contract. You also may have contract-specific WDs which are typically for unique circumstances and have generally resulted in a sole-sourced contract. These contract-specific WDs are as the title indicates, for use in that contract only and not used outside of that said contract.
  11. Where do these classifications or labor categories come from? DOL maintains a directory of occupations which defines classifications and duties that are found on SCA WDs. It contains FGEs and can be found on the Library page at Wage Determinations Online or Wdol.gov. You’re most likely going to become very familiar with this handbook when you are mapping your internal labor categories to those classifications on the WD. You will do this by looking at the actual job being performed by your employee and comparing it to the job description in the directory. You can not simply map labor categories by the job title alone. It is critical to look at the job that is actually being performed. If an employee performs any portion of the job description for a specific classification, they can be mapped to that position. If DOL performs an SCA investigation, they will be looking closely at your job mappings.
  12. Where do you get SCA WDs? For contractors, the first place to look would be in your service contract. The contracting officer must have incorporated the WD into the contract to be applicable. We frequently see where WDs are initially not fully incorporated into the contract, or a secondary location is added, so the contract should have been modified to include a new WD. A contract may incorporate more than one WD if there are multiple locations. The most important thing to determine which WD should be used is where the work is actually being performed. New work location? Have CO incorporate into contract. Important to use the WD for the actual geographic location because rates do vary across the US and you want to be compliant. Using only the WD that’s incorporated into the contract is not an excuse. Contracting officers obtain WDs from WDOL.gov, the same website where you can find the Directory of Occupations. The site contains a menu that will allow you to input specific information about your contract to find the appropriate WD. It will ask you about your location, where the work is being performed including the county and state. It will ask if the services were previously performed at that locality under an SCA-Covered contract. And it will ask you if the contract services to be performed are non-standard services, and then your wage determination should pop up. Earlier I mentioned non-standard WDs. A lot of these are nationwide, but I have seem some that have been narrowed down by state. These WDs are found by service type. So when you’re going through the menu on WDOL.gov, you are going to click yes when it asks you if you’re performing a non-standard services, and from the drop-down, you will select a non-standard service. A few examples you will see are debt collection services or baggage inspection services.
  13. There are two different types of standard WDs, odd and even-numbered. Both WDs have the same… But each WD type calculates the HW distribution differently. Its important that you pay attention to the last two digits of the WD, that will tell you if its odd or even.
  14. You can tell that a contract is odd-numbered or not by looking at the last two digits in the WD number, like this example shows. Odd WDs require you to pay the listed hourly health and welfare rate, for all hours paid each week, up to a maximum of 40 hours per week. They require the calculation of the HW distribution to be on an individual basis, by employee. Remember this is PAID time. Including work time and paid leave time. This is referred to as a fixed cost and it is most frequently used on contracts. This can get pretty complicated because you have to measure the cost of benefits for each individual employee and compare that cost to the SCA HW requirement.
  15. Now we typically don’t cover even numbered WDs in our presentations, but recently Hope and I have come across several even WDs with our clients, when I know Hope had gone at least 10 years without seeing one. So its important we cover it. Even-numbered WDs use an average HW calculation across the contract, so you will be compliant with SCA as long as the average HW benefit taken by your SCA employees is at the stated hourly amount. You’ll calculate this average by taking the total cost of benefits taken by covered employees over all hours worked, including overtime. This is different from the odd WD calculation, that only requires HW on hours paid capped at 40 hours a week. The even numbered WDs are now for the most part a thing of the past, the only time you will see these today is on very old contracts or contracts that have been recompeted and continue to use the even-numbered WD for consistency purposes. These calculations are very different, so be sure to pay attention to the WD number.
  16. DOL issued a memorandum in December of 2015, outlining some important changes coming to WDs. There hasn’t been an increase to minimum wages for a number of years because DOL did not have a standard upon which to base regular wage increases. Old standard was the Locality Pay Survey (LPS) portion of the National Compensation Survey published by the Bureau of Labor Statistics (BLS). This survey went away in 2011. Along with that survey, a secondary source was used to determine wage increases and that was the Occupational Employment Statistics (OES) survey. The OES survey has now become the primary source for wage increases. It produces wage data annually for over 800 occupations in approximately 577 localities, which represents a significantly larger number of localities than the previously used LPS survey. The OES survey also generates separate wage data for metropolitan statistical areas (MSA) and non-metropolitans statistical areas (NMSA). DOL has started publishing area-wide SCA WDs based on the OES survey. Transitioning to this new methodology will affect SCA WDs in two significant ways. First, DOL will begin to issue locality-based wage determinations based on the OES survey's geographic areas. As a result, the number of area-wide SCA WDs published by DOLD will increase in part because the OES survey provides wage data for substantially more geographic areas than the LPS survey did. Utilizing the OES survey as the primary data source for SCA WDs will therefore enable DOL to publish WDs that generally cover smaller geographic areas. DOL anticipates that it will make corresponding changes to the geographic scope of its WDs, and publish approximately 858 WDs as it transitions from the LPS to OES-based wage determinations. DOL expects this number to decrease once the transition to OES-based geographic areas is complete. To help with this transition, DOL has created a crosswalk from the previously issued WDs to the new WDs. As indicated in the crosswalk, area-wide WDs issued under the prior methodology have a "2005" prefix whereas WDs issued under the revised methodology have a "2015" prefix. In the example shown here, a user searching for the area-wide SCA WD applicable to DC would find that the new wage determination for this area is 2015-4281. This crosswalk provides a tool for contractors and the government to easily locate the new WD number associated with a particulararea. DOL anticipates that it will take several months or more to issue new wage determinations for all localities, and so a new WD may not be initially available for a specific locality.
  17. Transitioning to the OES survey as the primary wage data source for area-wide SCA WDs also affects the methodology that will be utilized to determine SCA prevailing wage rates. Because the immediate transition to OES geographic localities and wage rates could in some instances have a disruptive impact on the procurement process , DOL will implement the new methodology gradually through a transitional process that is consistent with the SCA. In particular, DOL generally does not intend to reduce wage rates on area-wide SCA WDs during its transition to the new primary data source and new geographic localities. Maintaining existing wage rates as a floor during the transitional period will provide contracting agencies, contractors, and workers with stability and predictability while DOL moves toward full implementation of the new data source. Along the same lines, DOL will cap any increases in wage rates at 10 percent per WD rate update. DOL anticipates that SCA wage rates and OES survey rates will converge over time, leading to progressively fewer instances where capping is needed. DOL has also updated the Directory of occupations that we discussed earlier. The revised Directory includes updated occupational definitions for existing SCA classifications as well as definitions for 27 new classifications found on area-wide WDs that will be issued under DOL's new methodology. Now lets discuss the wage and fringe benefits that are outlined in the WDs…
  18. To start, here are some common misconceptions or assumptions that we often see companies making when they start to think about SCA compliance… We will discuss these in more detail later on in the program, how making these assumptions can lead to detrimental mistakes when trying to comply with SCA.
  19. Now let talks about payment of wages. The WD tells you what the minimum hourly pay rate should be. This is calculated on a fixed recurring work week basis, of 7 consecutive 24 hour work day periods. Payroll records have to be kept on this basis. Your payroll must be at least bi-weekly or semi-monthly. As I just mentioned, when paying your employees, it is important to note that there is no distinction from a wage component between full-time, part-time, and temporary employees. They are all entitled to the same minimum wage at the specified classification if they are working on SCA-covered contracts.
  20. So now when we start looking at fringe benefits that are referred to in the WD, you will find vacation... which is defined as a number of weeks per year and holidays, which are stated as a number of days per year. Holidays are not the same on every WD, there are generally 10 days, but there are some WDs for certain localities that actually incorporate additional holidays. I’ve found WDs that incorporate an extra holiday for Good Friday, typically those are in the northeastern states. So you do have to be careful to check this, and not make an assumption that there are always 10 holidays. The WD also states what the HW benefit is, stated as an hourly amount, average or by employee, issued nationwide- all states excluding Hawaii. This is because of the Hawaii Prepaid Healthcare Act, which mandates that employers in Hawaii provide medical benefits, so there is a reduced HW amount for Hawaiian WDs. WDs are revised annually around June or July. This past year, we saw a significant increase in the HW amount due to the Affordable Care Act. We anticipate another significant increase this year for the same reason.
  21. The way vacation works is, on days 1-364, the employee is entitled to zero vacation. On day 365 (the employee’s anniversary date) they would be entitled to two weeks of vacation typically, but it can very by contract. It applies to employees that are working in any capacity (part/full/tempt) if they meet the anniversary guidelines. Now, the anniversary date is important to understand because SCA contracts often change hands as far as the contractor that actually owns the contract. You frequently have a work location where there has been the same people working on the same job for 20 years… who have worked with 4 different contractors because every 5 years the contract changes hands. To protect those employees, the anniversary date that applies to the vesting of vacation benefits applies to the earlier of- the date of hire with your company or the date they started performing work in that location for similar services. So if you’re bidding on a job and the people have been working on the contract for 15 years, you need to make sure you’re taking into account when you’re doing your pricing to ensure your employees receive the vacation they are entitled to and to ensure that you’re not losing money by paying the correct amount of vacation under SCA. That’s a big pricing mistake that can occur when contractors fail to take into account the vacation time these service employees are entitled to. We know its difficult to get the list of employee hire dates from predecessor contractors, but you really want to be proactive and try to get this list to ensure you bid accordingly.
  22. Read slides- As I mentioned before, some WDs have more holidays than others, so be sure to check what is actually incorporated into the WD.
  23. Whats important to note here is that full-time, part-time, and temporary employees receive vacation and holiday under SCA. Employees with a regular part-time schedule will receive a pro-rated amount of vacation and holiday benefits. Employees working an irregular schedule are entitled to holiday pay proportionate to the number of hours worked in the week prior to the holiday. We’ve provided examples here to demonstrate the calculations. Part-time employees are entitled to the same hourly rate of HW ($4.27) an hour.
  24. The 29 CFR Part 4 reference shown here is the government regulation that describes meeting the requirements for Health and welfare, so please visit that for more detail. In general, under both types of Standard WDs, you can discharge the HW requirement by providing bona fide benefits to your workers (section 4.171 clearly defines bona fide), you can discharge the HW requirements via a cash payment in lieu of benefits or a combination of the two. As I’ve mentioned, the currently hourly HW rate is 4.27. Now please note that just because DOL revised the HW rate, that does not mean you should be adjusting your payments automatically. This goes back to one of those common misconceptions I mentioned earlier. Do not raise your employees wages until your SCA contract has been modified by the CO. Raising the rates before the contract is officially modified may cause you to lose your ability to go in and request a contract price adjustment later on. Always follow what is in your contract.
  25. How do you make payment of HW benefits? We talked about the ability to make cash payments in lieu of benefits. This must be done on a regular pay date, and you can true-up in the following pay period. If you plan to do contributions to 401k plans or some kind of pension plan, this must be done no less often than quarterly. Excess wages may not be credited toward the minimum HW requirements, this is another common misconception. Paying more to attract employees is not considered a fringe benefit. And vice versa, HW costs in excess of the requirement do not offset the wage requirement. It is very important to remember that these are all separate components and therefore must be treated as such. Employee paychecks need to show each component separately.
  26. -You can see that the standard employee benefits are all here – At the top we have the typical insurance types that employers provide… health, dental, life…. -Then there is sick leave paid, if not required by a CBA, WD, or EO 13706 – The sick leave must be paid out in order to count towards SCA HW, a use it or lose it policy of days accrued but not taken would not count. -Employer contributions to 401k satisfy the HW requirement, but it is important to note that only the vested portion of the contribution counts. -Paid vacation or holiday in excess of the WD requirement also counts, but just like sick leave, only the vacation paid not the vacation accrued counts. Use it or lose it will not work. -Jury duty, military and other paid leave types provided in excess of that required by law satisfy the requirement -and lastly, of course if you are not offering benefits, cash paid satisfies the HW requirement as well. We’re going to talk about EO 13706 regarding sick leave shortly.
  27. Not every fringe benefit pool satisfies the SCA HW requirement -Statutory payments like payroll taxes and workers compensation are not eligible and any other benefits that are provided for the benefit or convenience of the company do not count. These include relocation, incentive awards, tools… -Another example of a benefit we’ve seen that is not eligible is shift premiums, as these are provided for the benefit of the company.
  28. So as I mentioned earlier, a contract may incorporate a CBA-based WD. You do not necessarily have to follow the fringe benefit requirements in the CBA, as long as equivalent benefits are provided. And just like in standard WDs, cash-in-lieu of benefit payments may be used to offset the fringe benefits due. Now that we’ve discussed the four components of WDs and methods to discharge HW benefits, you’re probably starting to see how compliance can get really complicated. So now Hope is going to discuss contract compliance with you.
  29. An effective way to measure your compliance is by using an excel spreadsheet that tracks actual wages and benefits in comparison to the SCA WD requirements. -The four factors of SCA compliance are wages, HW, holi, and vaca – each component must be measured individually by employee -There are many factors that can complicate tracking compliance such as: Employees with multiple pay rates / positions / benefits costs during the year as well as OCONUS deployments not subject to SCA (deployed hours will need to be backed out of your calculation) -I can tell you from personal experience that these spreadsheets can and most likely will become incredibly large and complex as every element of measuring compliance will add more columns to your spreadsheet. Now Hope is going to talk about what might happen to you, if you do not comply with SCA…
  30. Final rule published last week (Oct 2), benefits about 200,000 workers – “in connection with” – workers performing other duties necessary to the performance of a contract
  31. You’ve most likely heard about the Fair Pay and Safe Workplaces rule proposed on May 28. Contractors bidding on procurement contracts in excess of $500,000 will be required to “represent to the best of [their] knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment” rendered against the contractor within the preceding 3-year period for violations of several labor laws including SCA. Because of this rule, agencies are appointing a single Agency Labor Compliance Advisor or ALCA, to help COs determine responsibility of contractors. The information that contractors disclose along with the ALCA’s recommendation, will impact the CO’s responsibility determination of each contractor. Its important to note that Similar information will need to be collected from and disclosed on behalf of subcontractors of all tiers on subcontracts valued over $500,000. Collection of this data needs to be incorporated into subcontracting agreements. That’s an action item you should take now to prepare for this rule. Start updating your subcontract agreements, as well as letting your current subcontractors know that this information will need to be disclosed.
  32. Contractors will have to disclose violations of these 14 labor laws, AND their equivalent state law violations. That is a large amount of laws! That means looking at and disclosing over 700 possible labor law violations, counting 14 laws for every state. The reporting of these violations and the time period the reporting covers is a huge deal. Violations that occurred in the last 3 years, can impact your ability to do business with the government now and in the future. Violations may not necessarily prevent you from getting work, but they will certainly have an impact on the CO’s responsibility determination. If a CO doesn’t want to work with your company, this will be an easy out for them to automatically exclude you from contract award. It can lead to contract termination or the CO’s decision not to award an option extension.
  33. You will need to update the disclosures of your violations every 6 months. As I mentioned before, information disclose may result in Government action including decision not to exercise a contract option, contract termination, or referral to the agency suspending and debarring official. Another major factor in the rule. Is that the CO will request your disclosures are input into the System for Award Management (SAM). That means this information could potentially be made public. Your competitors may eventually know about your labor law violations, and once they do, they may protest a contract that you’ve been awarded. That has big implications on your federal business going forward.
  34. Read slides If you haven’t been tracking labor law violations, you need to take action now to gather this information for disclosure once the rule is final. It will take a lot of time and resources to gather this data, as the scope of this rule is far reaching. I guarantee if you are not monitoring compliance, then you are not in compliance.
  35. This requirement will apply to all tiers of subcontractors. This rule is a bit different from the other executive orders we’ve discussed, because sick leave is required for non-exempt AND exempt employees working on covered contracts. Similarly to the minimum wage rule, the coverage here includes indirect personnel performing duties necessary to support covered contracts as long as they spend more than 20% of their work hours in a given workweek performing in connection with covered contracts. This is incredibly difficult to track. Tracking on a week by week basis is a huge burden on contractors. There are so many different components to this rule, and tracking the hours and employees is seemingly impossible. Just last week, Hope and I attended a professional Services Council meeting with prominent services contractors, and we discussed this topic alone for an hour an a half. No one knows how they are going to comply with this executive order. It is incredibly disruptive and is already causing a headache for federal contractors.
  36. This rule can have a big impact on SCA contractors because if you’re currently providing sick leave to offset the HW requirement, you won’t be able to do this in the future. The Professional Services Council is putting together comments for this proposed rule and you’re certainly welcome to submit comments as well. The comment period has been extend to April 12, 2016.