Iv Negotiating A Bridge Agreement Or New Cba
Many successor contractors negotiate a Bridge Agreement or a new CBA with the union that represented employees of the previous contractor. A Bridge Agreement is designed to be short-term to fill the gap until a completely new CBA can be negotiated. A Bridge Agreement usually is based on the previous contractors CBA with changes to the provisions that do not apply or do not work for the new contractor for business reasons.
The Bridge Agreement should address differences among the previous contractor and the successor contractor in pay periods and paydays, benefits plans, and employer-specific policies addressing work rules and disciplinary procedures, attendance, leave procedures, drug testing, and similar matters. Whether or not a Bridge Agreement is negotiated, a successor employer has an obligation to meet with the union and negotiate in good faith for a CBA.
While every CBA is unique in some respects, some sample provisions that should be considered in government contracting include:
Government Supremacy/Rights: Because a contractor is subject to its government clients directives, consider a provision on the rules, regulations, directives, orders, or work statements that are, or may be, imposed by the government, including on removal of an employee, that will apply and not be subject to the grievance and arbitration procedure.
The terms of a CBA apply to all employees in the bargaining unit, regardless of whether they join the union.
Is Becoming A Government Contractor Right For You
That answer depends on your business. Becoming a government contractor has its risks and rewards. Many companies find stability and gain opportunities to grow. However, competition is fierce and the paperwork lengthy.
Research the ins and outs of the contracting market. Evaluate your business and see what you can offer the government. After that, make a decision.
Should I Leave A Permanent Job For A Temp Job
If you are worried about job security, health insurance, certain employee benefits, it may not be worth the risk to leave a permanent job for a temp job.
With a temp position, you do not have the stability of a full-time position, though even permanent employment can end abruptly without notice especially in a down economy.
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A Guide To Labor And Employment Obligations For Federal Contractors
Companies doing business with the federal government must comply with a litany of complex laws and regulations that affect their day-to-day business operations. To assist government contractors, this guide discusses some of the labor and employment laws and regulations that should be considered when pricing and performing a government contract. Given the complexities involved, employers would be well-served to address their particular situations with experienced counsel.
Be Resilient Focus And Prioritize Relationships
Stay in touch with and expand your professional network. This an essential part of your career in government contracting now. As a Veteran in government contracting, your prior service branch provides you the advantages of membership of a globally-recognized organization. Despite inevitable challenges, this is one powerful source you can draw from for the rest of your career to find opportunities and build relationships that can grow stronger over time.
After 12 years of service, I separated from the Army and decided to enter government contracting. I spoke with numerous companies, did my research, and found a position with what I considered a good company. I asked the right questions and negotiated what was important for my career. I was impressed with the promises they made, and I felt it was a great opportunity.
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Working For The Federal Government What Every Employee Should Know
If you have never worked for the Federal Government, it is important that you take a few minutes and read this information. If you have worked for the Federal Government and have been away for a while or are a current Federal employee, you should also review this information because a number of rules and procedures have changed. A word of advice – there are many things you will learn throughout your employment in the Federal workforce. Pay close attention, save all your paperwork, learn where to go and get answers, and never assume anything is the same from day to day. Please keep this booklet as a handy reference. Should you have any questions or concerns, please call the Office of Human Resources Management on 301-504-7925.
Signing A Contract In Your Home
If you sign a home renovation or repair contract worth $50 or more in your home, you have the right to a 10 calendar-day cooling-off period. You may cancel this contract for any reason and without having to pay any cancellation fees within these 10 days.
However, if you hire a contractor and the work was started during the cooling-off period, you can cancel the contract but you will be responsible for reasonable compensation for work and materials that the contractor has provided.
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Are Government Contractors Good Companies To Work For
Visit a federal agency and you may never know some workers are government employees and some are contractors. The two often work side by side, and many contractors work under the direct management of government supervisors. Some of the people working for contracting companies long for a government job, but many say they wouldn’t consider giving up their contracting status. The best government contractors to work for offer competitive salaries and benefits to attract top talent.
Loan Cancellation On The Horizon
Interest in the notion of federal student loan cancellation or forgiveness for all continues to grow.
Optimistic borrowers and those who think cancellation is on the horizon may want to delay any aggressive repayment strategies on their federal student loans. Once there is more clarity on the situation, borrowers can adjust their approach.
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Does A Contract Role Provide Benefits
Whether or not a contract job offers benefits depends on the company or staffing agency you are working for. Generally, contract work does not provide the same level of benefits you would get working at a company as a permanent employee.
On the flip side, you are generally paid more on the contract due to the lack of benefits received.
Develop An Affirmative Action Program
If your company has a qualifying federal contract or subcontract of $50,000 or more and has 50 or more employees, you are obligated to create an annual affirmative action program.
Sample affirmative action program reports such as this one include a range of research and analysis including an organization profile, job group analysis, placement goals, and identification of problem areas.
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Keep Records And Prepare For Compliance Audits
As a federal contractor or subcontractor, you may become acquainted with the OFCCP. The OFCCP ensures that federal contractors and subcontractors are staying compliant with all the mandatory laws and regulations.
The DOL offers a fairly extensive list of records that must be maintained for OFCCP compliance, including:
Job offer records
An Alternative To Government
A lot of people want federal jobs but there’s more demand than supply. Actually landing a government position is often a long, arduous and tedious process. It’s usually quicker and easier to get a job with a government contracting company, as noted by ClearanceJobs.com in 2016. The hiring and promotion process of contractors is not bogged down by bureaucratic red tape notorious in government agencies. Job offers can be made on the spot without lengthy salary calculations. Similarly, merit pay and bonuses are easier to obtain without so many hoops to jump.
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Is It True That Federal Contractors Are Required To Take Affirmative Action To Hire Veterans
Yes, in regards to veterans with protected status. Veterans have protected status if they are disabled or have recently separated from the armed forces . The affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act require federal contractors to take affirmative action to recruit, employ, and promote these veterans.
For more information on VEVRAA, see this fact sheet from the OFCCP.
What Is Pay Transparency And What Are The Related Rules For Federal Contractors
In its most basic sense, pay transparency is the ability to know how much your coworkers are being paid. It can be a valuable tool in negotiating a fair salary and act as an important check on discrimination in the workplace.
In 2014, President Obama issued Executive Order 13665 promoting pay transparency in federal contracts. On September 11, 2015, the Department of Labor issued a Final Rule implementing that order thus, the order took effect on January 11, 2016.
This order protects employees of federal contractors from discrimination based on compensation inquiries, discussions, or disclosures. The final rule incorporated the nondiscrimination provision into the EOC governing federal contracts. However, if the worker who is disclosing pay discrepancies with other coworkers is someone who handles pay data as part of their essential job functions, i.e.: payroll manager, and if other coworkers do not have access to this information, this behavior is not protected. Thus, a contractor can defend against a discrimination claim for a negative employment action with this essential job functions defense.
For more information on this rule see the OFFCP pay transparency fact sheet.
Gc29 Incapacity To Contract With Government
29.1The contractor declares that the contractor has not been convicted of an offence, other than an offence for which a pardon has been granted, under the following sections of the Criminal Code:
- Section 121, Frauds on the government
- Section 124, Selling or purchasing office or
- Section 418, Selling defective stores to the Minister,
What Is A Contract Job
On a contract job, an employee works for a staffing firm on a W-2 basis under the direction of the client company for a predetermined amount of time to work on specific projects. The staffing agency pays the contract worker and takes out their taxes.
The client company can cancel the contract at any time and the employee can quit the job at any time.
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Gc7 Termination For Convenience Or Suspension
7.1 The Minister may, by giving notice to the Contractor, terminate for convenience or suspend the Work with respect to all or any part or parts of the Work not completed.
7.2 All Work completed by the Contractor to the satisfaction of the Minister before the giving of such notice shall be paid for by the Minister in accordance with the provisions of the Contract. For all Work not completed before the giving of such notice, the Minister shall pay the Contractor’s costs as determined under the provisions of the Contract.
7.3 In addition to the amount which the Contractor shall be paid under subsection 7.2, the Contractor shall be reimbursed for the Contractor’s cost of and incidental to the cancellation of obligations incurred by the Contractor pursuant to such notice and obligations incurred by or to which the Contractor is subject with respect to the Work.
7.4 Payment and reimbursement under the provisions of GC7 shall be made only to the extent that it is established to the satisfaction of the Minister that the costs and expenses were actually incurred by the Contractor and that the same are fair and reasonable and are properly attributable to the termination or suspension of the Work or the part thereof so terminated.
7.5 The Contractor shall not be entitled to be reimbursed any amount which, taken together with any amounts paid or becoming due to the Contractor under the Contract, exceeds the Contract price applicable to the Work or the particular part thereof.
Ii Obligations Under The Davis
The Davis-Bacon Act establishes the requirement for paying prevailing wages on projects involving the construction, alteration, or repair of public buildings or public works. DBA states that all government construction contracts over $2,000 to which a federal agency or the District of Columbia is a party must include provisions for paying workers on-site no less than the local prevailing wages and benefits as set by the DOL. The DBA prevailing wage requirements is extended by the Davis-Bacon Related Acts to many federally funded or assisted construction activities.
As evidence of their compliance with the requirement to pay workers the prevailing wage, covered contractors must maintain records during the work and for three years after job completion reflecting the following:
Name, address, and Social Security Number of each employee
Each employees work classification
Hourly rates of pay and contributions for fringe benefits or their cash equivalents
Daily and weekly numbers of hours worked
Actual wages paid and deductions made
If applicable, detailed information on fringe benefits and approved apprenticeship or trainee programs
Every contractor or subcontractor who performs work covered by the DBA/DBRA must post an Employee Rights under the Davis-Bacon Act poster at the worksite. The poster must be displayed in a prominent and accessible place where it can be seen easily by employees. The contractor also must post the applicable Wage Determination.
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How Does The Enforcement Of My Rights Differ As An Employee Of A Federal Contractor
The Office of Federal Contract Compliance Programs is the enforcement agency for labor rules affecting federal contractors. Thus, if you work for a federal contractor and think your rights have been violated you should file a complaint with the OFCCP. You can start on the Department of Labors OFCCP How to File a Complaint page.
You Are Out Of The Military And Can Choose The Type Of Life You Want To Live Build A Roadmap To Meet Your Desired Outcomes
When I began my transition from active duty, I wanted to find a position where I could maximize the skills I had built during my time in the military. I poured my heart and soul into translating my skills and creating a great résumé. I posted it on a number of job boards and websites.
Soon my phone and email began to go crazy with interest from government contracting companies looking to fill positions they thought I was perfect for.
While the biggest question in my mind going into my job search was, How much does it pay? I quickly began to realize that there were many more important things that I needed to consider, such as the cost of their benefits package, amount of paid time off and the anticipated length of the contract.
Some were smaller contracting agencies that emphasized the close-knit company atmosphere of their organization. Some were larger agencies that emphasized the amount of work they consistently had available for their contractors. Some positions were long-term positions where the contract would not end for more than two years and some were short-term positions for less than one year. Some companies offered robust benefits packages and some offered higher compensation, with smaller to no benefit packages.
After finishing my transition out of the military, I definitely wanted to find something long term with good benefits that would help me support my family as I did when I was on active duty.
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As An Employee Of A Federal Contractor Am I Protected From Discrimination In The Workplace
Yes, in most cases.
Executive Order 11246 prohibits federal contractors from discriminating in employment decisions based on race, color, religion, sex, sexual orientation, gender identity or national origin.
Section 503 of the Rehabilitation Act, prohibits federal contractors from discriminating in employment based on a persons disabilities.
The affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act prohibit federal contractors from discrimination in employment decisions based on protected veteran status.
The Office of Federal Contract Compliance Programs ensure federal contractors comply with these provisions. See their Workplace Rights fact sheet for more information on these protections, and how to file a complaint.
You Have A Responsibility To Meet Additional Obligations As A Federal Contractor
A different minimum wage applies for work performed on or in connection with certain Federal contracts. This minimum wage is $10.60 per hour tipped employees to whom this applies must be paid a minimum of $7.40 per hour.
If youâre performing work on a Federal contract for construction, alteration or repair in excess of $2,000, you must pay your workers on the contract the locally prevailing wages and fringe benefits for all hours worked on the site of the work. This is a combination of the basic hourly rate and any fringe benefits listed in a wage determination.
You may be required to pay service employees no less than the wage rates and fringe benefits found prevailing in the locality, or the rates and fringe benefits contained in a predecessor contractor’s collective bargaining agreement. This applies to prime contracts in excess of $2,500 and their subcontracts for prime contracts equal to or less than that amount, the Federal minimum wage generally applies.
For prime contracts in excess of $150,000, you must also pay laborers and mechanics, including guards and watchmen, at least one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. The overtime provisions of other Federal labor laws may also apply to covered contracts.
In addition to these requirements, generally you canât discriminate against job candidates or employees based on several factors.
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