29 CFR 4.5 - Contract specification of determined minimum wages and fringe benefits
| Cite as | 29 CFR 4.5 |
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32 practice notes
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Establishing Paid Sick Leave for Federal Contractors
...costs when a contracting agency initially omits and then subsequently includes the contract clause in a covered contract. Id. (citing 29 CFR 4.5(c), the SCA regulation with which this position is Subpart E--Administrative Proceedings Pursuant to section 4 of Executive Order 13706, proposed ......
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Establishing a Minimum Wage for Contractors
...for reimbursement of contractors where the contracting agency fails to include an appropriate wage determination under those statutes. See 29 CFR 4.5 (SCA) (permitting contracting agencies to exercise their authority ``where necessary . . . to pay any necessary additional costs''); 29 CFR 1......
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Establishing Paid Sick Leave for Federal Contractors
...Order's Final Rule, see 29 CFR 10.11(b), which the Department developed based on similar authority existing under the analogous SCA, see 29 CFR 4.5(c), and DBA, see 29 CFR 1.6(f), implementing Roffman Horvitz suggested that it would be unfair to impose a retroactive obligation when a contra......
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Increasing the Minimum Wage for Federal Contractors
...includes the contract clause in a covered contract. This approach, which is consistent with the SCA's implementing regulations, see 29 CFR 4.5(c), is therefore reflected in revised Sec. 23.440(e). The Department recognizes that the mechanics [[Page 38838]] providing such an adjustment may d......
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18 cases
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BCFS Health & Human Servs. v. United States Dep't of Labor, SA-21-CV-0776-JKP
...effective wage determination specifying the minimum wages and fringe benefits for service employees to be employed thereunder.” 29 C.F.R. § 4.5. Further, they must include specific clauses set out by regulation. See Id. § 4.6. In accordance with the promulgated regulations, “[t]he Departmen......
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Naranjo v. Spectrum Security Services, Inc., No. B206618.
...§§ 4.55, 4.56, 4.187-4.191 (2008).) If the challenge is successful, the contract may be amended to reflect the new determinations. (29 C.F.R. §§ 4.5, 4.55, 4.56, 4.163 C. Preemption The key issue is whether the SCA preempts Naranjo's right to pursue additional compensation under the Califor......
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Descomp, Inc. v. Sampson, Civ. A. No. 4773.
...Special Wage Standards, Employment Standards Administration, Department of Labor, its notice of intention to make a service contract. 11 29 CFR § 4.5(b)(1) provides that where the Secretary has not made wage and fringe benefit determinations for a prospective group of service employees, the......
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NAT. MARITIME UNION v. Commander, Military Sealift Command, Civ. A. No. 86-0089.
...and was a proper exercise of agency discretion.14 Although a subsequent wage determination could have been incorporated into the award, 29 C.F.R. § 4.5(c)(2) (1985); District 2, Marine Eng'rs Beneficial Ass'n v. Military Sealift Command, 89 Lab.Cas. (CCH) ¶ 33,925 (D.D.C.1980), the Navy det......
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2 firm's commentaries
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The Growing Risks of Non-Compliance with Wage Rate Determinations
...in the contract, the contractor must still ensure that the appropriate wage determination is incorporated within 30 days, pursuant to 29 CFR 4.5(c)(2), 29 CFR 4.101(b), and FAR 22.1015. The SCA wage determination applies to not only the prime contractor but also to subcontractors performing......
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The Growing Risks of Non-Compliance with Wage Rate Determinations
...in the contract, the contractor must still ensure that the appropriate wage determination is incorporated within 30 days, pursuant to 29 CFR 4.5(c)(2), 29 CFR 4.101(b), and FAR 22.1015. The SCA wage determination applies to not only the prime contractor but also to subcontractors performing......