29 CFR 4.113 - Contracts to furnish services ''through the use of service employees.''

Cite as29 CFR 4.113
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14 practice notes
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • Labor Department,The Secretary Of Labor Office
    • Invalid date
    ...performance, is not covered by the SCA and thus would not be covered by the Executive order or part 23. See 41 U.S.C. 6702(a)(3); 29 CFR 4.113(a), 4.156; WHD Field Operations Handbook (FOH) ]] 14b05, Although the SCA covers contracts with the Federal Government that have the ``principal pur......
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • The Secretary Of Labor Office
    • Invalid date
    ...percent guideline has been used to determine whether there is more than a minor use of service employees.'' WHD FOH 14c07(b); see also 29 CFR 4.113(a)(3); In re: Nat'l Cancer Inst., BSCA No. 93-10, 1993 WL 832143 (Dec. 30, 1993). The Department thus observes that, because their use of servi......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register February 25, 2016
    • February 25, 2016
    ...employees, with the use of service employees being only a minor factor in contract performance,'' is not covered by the SCA. 29 CFR 4.113(a)(3); FOH The Department seeks comment as to whether it should include within the coverage of Executive Order 13706 a wider set of procurement contracts......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register September 30, 2016
    • September 30, 2016
    ...who qualify as bona fide executive, administrative, or professional employees as defined in the FLSA's regulations at 29 CFR part 541. 29 CFR 4.113(a)(2); see also 41 U.S.C. 6701(a)(3)(C), 6702(a)(3); WHD Field Operations Handbook (FOH) 14c07. Similarly, a contract for services ``performed ......
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7 cases
  • Descomp, Inc. v. Sampson, Civ. A. No. 4773.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • June 3, 1974
    ...Collar Occupational Families and Series issued by the Civil Service Commission (the latest 377 F. Supp. 263 being October 1961)." 29 CFR § 4.113(b). From the foregoing it appears that the criterion to be applied in determining whether a given worker is considered a "service employ......
  • Federal Elec. Corp. v. Dunlop, Civ. A. No. 74-320-Orl-Civ-Y.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 30, 1976
    ...and the inclusions in the Service Contract Act, 41 U.S.C. § 357(b); (2) the Department of Labor's own statement, contained in 29 C.F.R. § 4.113(b), regarding the extent of the Service Contract Act's coverage;* (3) the Report on the Service Contract Act issued by the House Education and Labo......
  • Applicability of the Service Contract Act to Volunteer Workers at the National Oceanic and Atmospheric Administration, 89-31
    • United States
    • Opinions of the Office of Legal Counsel of the Department of Justice
    • July 31, 1989
    ...that may be alleged to exist between a contractor or subcontractor and such persons." Id. § 357(b) (emphasis added); see also 29 C.F.R. §§ 4.113, 4.150, 4.155. Commerce does not explain, nor can we discern, how an exception for volunteer workers can be carved out of this broad definiti......
  • Nichols v. Mower's News Serv., Inc., Civ. A. No. 79-176.
    • United States
    • United States District Courts. 2nd Circuit. District of Vermont
    • May 29, 1980
    ...In addition, Nichols is a service employee within the meaning of the SCA. A service employee is defined in 41 U.S.C. § 357(b) and 29 C.F.R. § 4.113(a)(1) and (b)(2). Included are any persons performing contracts which are entered into by the U.S. and which have the furnishing of services in......
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1 firm's commentaries
  • Service Contract Act Compliance
    • United States
    • JD Supra United States
    • May 11, 2016
    ...secondarily salary tests >SCA does not apply to contracts where non-exempt employees are a minor factor in contract performance (29 CFR 4.113(a)(3)) – DOL applies a 10 – 20% range Overview of the Act: Exempted Employees 8 >Service Contract Act does not apply to the following classes o......
6 provisions
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • The Secretary Of Labor Office
    • Invalid date
    ...percent guideline has been used to determine whether there is more than a minor use of service employees.'' WHD FOH 14c07(b); see also 29 CFR 4.113(a)(3); In re: Nat'l Cancer Inst., BSCA No. 93-10, 1993 WL 832143 (Dec. 30, 1993). The Department thus observes that, because their use of servi......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register February 25, 2016
    • February 25, 2016
    ...employees, with the use of service employees being only a minor factor in contract performance,'' is not covered by the SCA. 29 CFR 4.113(a)(3); FOH The Department seeks comment as to whether it should include within the coverage of Executive Order 13706 a wider set of procurement contracts......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register September 30, 2016
    • September 30, 2016
    ...who qualify as bona fide executive, administrative, or professional employees as defined in the FLSA's regulations at 29 CFR part 541. 29 CFR 4.113(a)(2); see also 41 U.S.C. 6701(a)(3)(C), 6702(a)(3); WHD Field Operations Handbook (FOH) 14c07. Similarly, a contract for services ``performed ......
  • Establishing a Minimum Wage for Contractors
    • United States
    • Federal Register June 17, 2014
    • June 17, 2014
    ...performance, is not covered by the SCA and thus would not be covered by the Executive Order or this part. See 41 U.S.C. 6702(a)(3); 29 CFR 4.113(a), 4.156; WHD Field Operations Handbook (FOH) 14b05, Although the SCA covers all non-exempted contracts with the Federal Government that have the......
  • Request a trial to view additional results

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