AMD_6_final_Q_A_0006.pdf

Please also see link to FAQs that contractors can review.

https://www.dol.gov/agencies/whd/government-contracts/service-contracts/faq#fringe

1. In attachment Wage_Determination_2017084325_0005, can the government please clarify the wage determination for the entry level Field Data Collection Technician. The wage is listed below the federal minimum wage requirement of E.O. 14026, but then continues to explain that E.O. 14026 is not being currently enforced (presumably due to the injunction by the U.S. Court of Appeals for the Tenth Circuit beginning on February 17th, 2022). As of June 18th, 2024, the 10th Circuits' orders state that all contracts entered into after August 17th, 2024 must include the requirements of E.O. 14026.

a. Will E.O. 14026 apply and be enforced for this contract, as the performance period begins after August 17th, 2024? Yes, as long as contractor is not a named Plaintiffs in that case. https://www.dol.gov/agencies/whd/government-contracts/eo14026

b. If it does apply, should the wage determination for the above position be changed to $17.20 per hour (for hours worked in 2024) so as to comply with E.O. 14026? Yes, the rate should be at least the minimum. $17.75 beginning in January 2025.

2. Under the Service Labor Contract Labor Standards, the law states contractors are required to compensate all workers working under this contract Fringe Benefits and paid vacation and holiday pay (which is applicable to this contract).

a. As all occupations listed in the attachment Wage_Determination_2017084325_0005 are seasonal or part-time positions, are all of these positions required to be paid the fringe benefit pay of $5.36 per hour worked under the contract on top of the wage listed?

Do employees receive fringe benefits when they are working under a wage determination?

Every covered contract in excess of $2,500 contains a provision specifying the fringe benefits to be furnished to service employees and must be paid in addition to the minimum wage. The fringe benefit amount is listed in the wage determination. SCA makes no distinction, with respect to its compensation provisions, between temporary, part-time, and full-time employees.

However, temporary and part-time employees are only entitled to an amount of the fringe benefits specified in an applicable determination which is proportionate to the amount of time spent in covered work.

b. Are all occupations listed (which are seasonal & part-time positions) required to be paid vacation and holiday pay on top of the wage listed? Please see the answer to 2.a. above.

c. If there is a delineation between benefits-eligible employment vs. seasonal employment, can the government please specify the specific threshold for that qualification (i.e. # of hours worked per year to qualify for fringe benefit eligibility & paid vacation / holiday pay eligibility). Please see the answer to 2.a. above.