This week, the Department of Labor (DOL) and Office of Management and Budget (OMB) issued a memo directing all agencies to designate “agency labor advisers” who are responsible for advising agencies on “Federal contract labor matters.” FAR Part 22 contemplates the appointment of “agency labor advisors,” and requires contractors to contact them about potential labor
DOL
Job Corps Center Prime Contractors Will Now be Subject to the Service Contract Act Requirements




The Department of Labor (“DOL”) recently announced in a July 29, 2022 Change Order notice that the Wage and Hour Division (“WHD”) had revised the Field Operations Handbook (“FOH”) by deleting the exemption under the Service Contract Act (“SCA”) for federal contracts to operate Job Corps Centers. Prime contractors and subcontractors operating these centers will now be subject to the SCA and FAR 52.222-41, Service Contract Labor Standards, according to DOL.
The practical effect of this change is that covered contractors must pay the minimum wages and “bona fide” fringe benefits mandated by the SCA to all covered workers, which includes workers who are “non-exempt” under the Fair Labor Standards Act. The required wages and fringe benefits for these workers are set forth in wage determinations that are incorporated into the applicable contract by the contracting agency. Higher tier contractors must also flow down the SCA Clause (FAR 52.222-41) and all applicable wage determinations to lower tier contractors. All covered contractors must meet the SCA’s posting and recordkeeping requirements. See 29 CFR 4.183, Employees must be notified of compensation required; 29 CFR 4.184, Posting of notice; 29 CFR 4.185, Recordkeeping requirements. …
DOL Issues Proposed Rule Implementing Minimum Wage Increase for Federal Contractors





On July 21, 2021, the Department of Labor (“DOL”) announced that it is seeking public comment on a proposed rule which would require federal contractors to pay a $15.00 per hour minimum wage by January 30, 2022. The rule would implement President Biden’s April 27, 2021 Executive Order 14026 (“EO 14026”), which mandated an increase…
President Biden Signs Executive Order Mandating $15 Minimum Wage for Certain Employees on Certain Federal Contracts






On April 27, 2021, President Biden signed an Executive Order (the “EO”) increasing the hourly minimum wage for certain federal government contractors (and subcontractors) to $15.00 per hour ($10.50 per hour for tipped workers), beginning January 30, 2022. Beginning in January 2023, the applicable minimum wage rate will be adjusted annually based on the annual percentage increase in the Consumer Price Index.
Continue Reading President Biden Signs Executive Order Mandating $15 Minimum Wage for Certain Employees on Certain Federal Contracts
Fastest 5 Minutes: American Rescue Plan, Department of Labor, Copyright Infringement


This week’s episode covers the American Rescue Plan, two regulatory updates from the Department of Labor, CMMC, and a copyright decision from the Federal Circuit, and is hosted by partner Peter Eyre and counsel Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts…
Guidance Issued on Executive Order Banning Unconscious Bias Training





Two weeks after President Trump issued an “Executive Order on Combating Race and Sex Stereotyping,” which bans federal contractors from utilizing training that “inculcates in its employees any form of race or sex stereotyping,” the Department of Labor’s Office of Federal Contract Compliance Programs has issued its first guidance on the EO.
Notably, the guidance…
Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

This week’s episode covers FedRAMP news, DOL news, and GSA schedule news, and is hosted by partner David Robbins and associate Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be …
Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on the National Defense Authorization Act for…
Stop the Press: District Court Enjoins Implementation of “Fair Pay and Safe Workplaces”




On October 24, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction, enjoining the Government from implementing the “Fair Pay and Safe Workplaces” final rule (with a small carve out for the “paycheck transparency” requirements). Specifically, the Court enjoined the Government from (i) implementing any portion of the FAR…
Primer on the “Fair Pay and Safe Workplaces” Final Rule and Department of Labor Guidance




Many federal government contractors and subcontractors have expressed valid concerns about the new “Fair Pay and Safe Workplaces” final rule (and accompanying Department of Labor guidance), which among other things will require companies bidding on covered contracts and subcontracts to disclose “administrative merits determinations,” “arbitral award or decisions,” and “civil judgments” rendered against the company …