29 CFR 4.5 - Contract specification of determined minimum wages and fringe benefits

Cite as29 CFR 4.5
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32 practice notes
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register February 25, 2016
    • February 25, 2016
    ...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 ......
  • Establishing a Minimum Wage for Contractors
    • United States
    • Federal Register October 07, 2014
    • October 7, 2014
    ...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......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register September 30, 2016
    • September 30, 2016
    ...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......
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • Labor Department,The Secretary Of Labor Office
    • Invalid date
    ...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
  • BCFS Health & Human Servs. v. United States Dep't of Labor, SA-21-CV-0776-JKP
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • March 17, 2022
    ...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......
  • Naranjo v. Spectrum Security Services, Inc., No. B206618.
    • United States
    • California Court of Appeals
    • March 24, 2009
    ...§§ 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......
  • Descomp, Inc. v. Sampson, Civ. A. No. 4773.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • June 3, 1974
    ...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......
  • NAT. MARITIME UNION v. Commander, Military Sealift Command, Civ. A. No. 86-0089.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 27, 1986
    ...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
  • The Growing Risks of Non-Compliance with Wage Rate Determinations
    • United States
    • LexBlog United States
    • April 13, 2015
    ...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......
  • The Growing Risks of Non-Compliance with Wage Rate Determinations
    • United States
    • LexBlog United States
    • April 13, 2015
    ...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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