Feb 01, 2013 · John Wenke is an Employment Law Attorney practicing in the area of employment discrimination, wrongful termination, retaliation, and sexual harassment. Mr. Wenke represents employees in Texas and New Mexico, including but not limited to El Paso, Las Cruces, Alamogordo, Pecos, Marfa, Alpine, Presidio, and Del Rio.
Oct 07, 2020 · Updated October 7,2020: Service Contract Act. The Service Contract Act, also referred to as the McNamara-O’Hara Service Contract Act (SCA), is a federal statute which controls the aspect of service contracts entered into between individuals or companies and the federal government, including the District of Columbia, for the contractors to engage “service …
Sep 05, 2013 · 'You Looked At What?' SCA Traps for Employers Who Access Personal Social Media or Email Accounts. September 5, 2013. The recent decision in Ehling v.Monmouth-Ocean Hospital Serv. Corp. (MONOC), No. 2:11-cv-03305, 2013 WL 4436539 (D.N.J. Aug. 23, 2013) serves as a reminder of the potential dangers to employers that access an employee's or …
McNamara-O’Hara Service Contract Act (SCA) covers contracts entered into by federal and District of Columbia agencies that have as their principal purpose furnishing services in the U.S. through the use of “service employees.” The definition of “service employee” includes any employee engaged in performing
You cannot sue your employer or a co-worker for an on-the-job injury that was caused by their negligence – you can only file a claim for workers' compensation benefits. However, if a third party – somebody other than your employer or a co-worker – was at fault, you can sue them.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.Mar 8, 2022
The Occupational Health and Safety Act entitles all employees to three fundamental rights:The right to know about health and safety matters.The right to participate in decisions that could affect their health and safety.The right to refuse work that could affect their health and safety and that of others.
Types of DiscriminationAge Discrimination.Disability Discrimination.Sexual Orientation.Status as a Parent.Religious Discrimination.National Origin.Pregnancy.Sexual Harassment.More items...
SCA contract clauses require contractors and subcontractors performing services under prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality , or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues SCA wage determinations for the federal contracting agencies to incorporate them, along with the required contract clauses, into covered contracts. The fringe benefit requirements (usually “health and welfare,” vacation, and holiday benefits) are separate and in addition to the hourly monetary wage requirement under the SCA.
Underpayment of service workers due to misclassification. (2) Erroneously considering workers exempt without regard to 29 C.F.R. Part 541 rules. (3) Failure to make timely payment of wages or fringe benefit contributions. (4) Lack of proper recordkeeping when cash payments are made to satisfy fringe benefit requirements. (5) Failure to notify service employees of the applicable wage and fringe benefit requirements, or failure to post the “Notice to Employees Working on Government Contracts” at a prominent and accessible place at the worksite. (6) Failure to use the conformance procedure for unlisted classes of employees.
The McNamara-O’Hara Service Contract Act (SCA) covers contracts entered into by federal and District of Columbia agencies that have as their principal purpose furnishing services in the U.S. through the use of “service employees.” The definition of “service employee” includes any employee engaged in performing
§ 4.6(g). The employer is required to maintain the following records for each employee subject to the SCA and to make these records available for inspection and/or transcription on the request of an authorized representative of the Wage and Hour Division (WHD). These records must be maintained for three years from the completion of the work. Also, the contractor may be required to provide the basic time and payroll records required under the FLSA. 29 C.F.R. § 516.2.
◊ An employee’s entitlement to holiday pay vests by working in the workweek in which the named holiday occurs, or by being on paid sick leave or vacation leave in that workweek. 29 C.F.R. §§ 4.174(a)(1) – (2).
Such wage determinations apply only where an even-numbered wage determination applied to the preceding contract with the same agency contracts for substantially the same services at the same location.
◊◊◊ In cases where employees have been granted leave with or without pay by their employer, or are otherwise absent with permission for such reasons as sickness or injury, or otherwise perform no work because of reasons beyond their control, there would not be a break in service. (Example of situation where a break has not occurred - employee absent for five months due to illness but employed continuously for three years.)
◊ As the successor is not permitted to pay less than the fringe benefits (and wages) to which employees would have been entitled under the predecessor contractor’s CBA, any interpretation of the wage and fringe benefit provisions of the CBA, where its provisions are unclear, must be based on the intent of the parties to the CBA, provided that such interpretation is not violative of law. Thus, some principles discussed in regulations 29 C.F.R. §§ 4.170 – 4.177 regarding specific interpretations for the fringe benefit provisions of SCA prevailing wage determinations may not be applicable to wage determinations issued pursuant to section 4(c). (Similarly, some principles discussed in 29 C.F.R. § 4.167, regarding wage payments, may also not be applicable in section 4(c) successorship situations.)
◊◊ Fringe benefits required under the SCA must be furnished, separate from and in addition to the specified monetary wages, by the contractor to the employees engaged in performance of the contract , as specified in the applicable SCA wage determination in a covered contract. A contractor must keep appropriate records separately showing amounts paid for wages and amounts paid for fringe benefits, and cannot simply assert that paying more than the required monetary wages offsets the fringe benefit requirement, or vice versa. 29 C.F.R. § 4.170.
◊ Relevant records for any service employee(s) covered by a WHD certificate that allows for the payment of special minimum wages to workers with disabilities under Section 14 of the FLSA, and for any apprentices registered in an approved “bona fide” apprenticeship program. SCA: 29 C.F.R. §§4.6(o) – (p); FLSA: 29
Most employers provide fair warning to their employees that the employees should not have any expectation of privacy for any communications they send or receive using the company's computer. Employees can usually find these warnings in the employee handbook.
A recent decision by the Sixth Circuit Court of Appeals underscores the importance for an employer to properly investigate allegations that an employee engaged in wrongful behavior. In Sybrandt v.
In the current economic climate, many employers have adopted restrictive policies against an employee working overtime.
A recent decision by the Sixth Circuit Court of Appeals may have opened a door for gays and lesbians to seek protection under Title VII against employment discrimination. The Sixth Circuit covers the states of Michigan, Ohio, Kentucky, and Tennessee.
Recently, two bills have been introduced in the Ohio Senate regarding labor and employment law relations.
On March 11, 2009, the Ohio Supreme Court heard oral arguments in Allen v. Totes/Isotoner Corp., Case No. 2008-0845. The employer had terminated an employee who pumped milk from her breasts in the women's bathroom on unauthorized breaks. The employee claimed that the employer had discriminated against her on account of her gender and her pregnancy.
A recent decision of the Sixth Circuit Court of Appeals underscores the importance for employers to be vigilant against inappropriate conduct in the workplace. Even though the employer prevailed in Hensman v.