Service Contract Act Compliance Challenges

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Description

Recorded on 02/10/2022

Description:
If Service Contract Act (SCA) compliance wasn’t tricky enough already, federal and state programs providing for COVID-related leave and payments have raised unique SCA compliance concerns. In a time of uncertainty, the last thing government contractors need is to take an action that could precipitate a Department of Labor (DOL) investigation or client scrutiny. Join PilieroMazza’s Nichole Atallah and Sarah Nash as they examine practical strategies to help avoid SCA pitfalls when implementing COVID-related leave and payment policies.

Learning Objectives:

Recognize the correlation between remote work and the SCA

Discuss the impact of emergency sick leave on SCA compliance

Review the concept of vacation payouts for furloughed personnel

Evaluate DOL audit risk and exposure

CMBOK Competencies: 3.4, "Regulatory Compliance"
Level of Difficulty: Intermediate
Intended Audience: Government contract buyers and sellers

Contributors

Sarah L. Nash

Sarah advises government contractors and commercial businesses on a wide variety of labor and employment issues, including the Fair Labor Standards Act, the National Labor Relations Act, Office of Federal Contract Compliance Programs regulations, and anti-discrimination law. Her practice also includes counseling employers on terminations, labor relations matters, employment agreements, wage and hour issues, and employment practices and policies. Sarah regularly advises clients on compliance specific to government contracting, including offering counsel on prevailing wage laws, such as the Service Contract Act, codes of ethics, and equal employment opportunity requirements.

Sarah has litigated cases before federal and state courts, including representing clients at arbitration, administrative proceedings, and mediation. She has participated in litigation in a number of practice areas, including labor and employment, administrative procedure, constitutional law, trademark law, and appellate practice.

As Co-Chair of PilieroMazza’s False Claims Act and Audits & Investigations Team, Sarah helps clients navigate the complexities of labor and employment-related investigations and whistleblower law. She is also a member of the Firm’s Construction Industry Team, where she focuses on matters arising under the Davis-Bacon Act and prevailing wage requirements.
Nichole Atallah

Nichole counsels employers and their compliance professionals in a broad range of labor and employment matters, including employment discrimination, wage and hour, family and medical leave, labor union negotiations and grievances, executive compensation, and reductions in force. Nichole’s primary goal in representing employers is to help guide them through difficult situations, proactively address compliance, and avoid costly disputes. She serves as the Practice Group Chair for PilieroMazza’s Labor & Employment Group and Co-Chair of the Firm’s Construction Industry Team.

Nichole advises clients with Department of Labor compliance audits and investigations and works proactively with clients via educational programs and training sessions to establish and maintain effective human resource policies that discourage employment disputes and lawsuits. She proactively advocates on behalf of clients that have a unionized workforce, assisting them during collective bargaining negotiations, labormanagement disputes, and disputes pending before the National Labor Relations Board. Nichole also assists business owners and their management teams in general business matters, such as interpreting and drafting employee compensation and benefit arrangements and confidentiality, non-compete, non-solicitation, and separation agreements.

Government contractors rely on Nichole’s substantial expertise with FAR Part 22 compliance, including the Service Contract Labor Standards (the “Service Contract Act”), Construction Labor Standards (the “Davis-Bacon Act”), and the Office of Federal Contract Compliance Programs requirements specific to government contractors. Nichole also offers guidance to tribally owned entities regarding their unique labor and employment issues, including Native American preference, sovereign immunity, and Title VII jurisdiction

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Description

Contributors

Sarah L. Nash

Nichole Atallah