HR DRIFT

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Snapchat Spec­ta­cles - A Threat At Work­place?

The DOL has is­sued a rule re­gard­ing Pres­i­dent Obama’s Ex­ec­u­tive Or­der 13707, wherein fed­eral con­trac­tors will need to pro­vide up to 7 days of paid sick leave to all of their em­ploy­ees start­ing Jan­uary 1, 2017.

Un­der the Fi­nal Rule, Ex­ec­u­tive Or­der 13706 ap­plies to four (4) cat­e­gories of con­trac­tual agree­ments: 1. Pro­cure­ments con­tracts for con­struc­tion un­der the Davis-ba­con Act (DBA) 2. Ser­vice con­tracts cov­ered by the Mcna­mara-o’hara Ser­vice Con­tract Act

(SCA) 3. Con­ces­sions con­tracts from the SCA by the Depart­ment of La­bor’s reg­u­la­tions

at 29 CFR 4.133 4. Con­tracts in con­nec­tion with fed­eral prop­erty or lands and re­lated to of­fer­ing ser­vices for fed­eral em­ploy­ees, their de­pen­dents or the gen­eral pub­lic

More­over, any sub­con­tract of a cov­ered con­tract that (like the up­per-tier con­tract) can be cat­e­go­rized as one of these four (4) classes is li­able to the paid sick leave re­quire­ments. This way, if you have a sub­con­tract with a fed­eral worker which can be cat­e­go­rized as one of the above clas­si­fi­ca­tions, you are cov­ered by Ex­ec­u­tive Or­der 13706 also.

The Fi­nal Rule con­tains cer­tain lim­ited ex­clu­sions from cov­er­age for the fol­low­ing types of agree­ments: (1) Grants;

(2) Con­tracts and agree­ments with and grants to In­dian Tribes un­der Pub­lic Law 93-638, as re­vised;

(3) Any pro­cure­ment con­tracts for con­struc­tion projects that are not sub­ject to the Davis-ba­con Act (i.e., pro­cure­ment con­tracts for con­struc­tion ven­tures un­der $2,000); and

(4) Any agree­ments for ser­vices, ex­cept those ex­plic­itly cov­ered by the Fi­nal Rule, that are ex­empted from scope un­der the Mcna­mara-o’hara Ser­vice Con­tract Act or its ex­e­cut­ing con­trols. The Fi­nal Rule ad­di­tion­ally gives that the Ex­ec­u­tive Or­der does not ap­ply to con­tracts for the man­u­fac­tur­ing or fur­nish­ing of ma­te­ri­als, sup­plies, ar­ti­cles, or equip­ment to the gov­ern­ment, in­clud­ing those sub­ject to the Walsh-healey Pub­lic Con­tracts Act.

So, if you are cov­ered by Ex­ec­u­tive Or­der 13658, which re­quires the pay­ment of a $10.10 the low­est pay per­mit­ted by law to work­ers of gov­ern­ment con­trac­tual work­ers, you are cov­ered by this Ex­ec­u­tive Or­der too.

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