36C24220Q0242-002.docx

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 1977-0225 Daniel W. Simms Division of | Revision No.: 65 Director Wage Determinations| Date Of Last Revision: 12/23/2019 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: New York

Area: New York Counties of Bronx Kings New York Queens Richmond **Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for janitorial services at the above localities:

OCCUPATION CODE - TITLE FOOTNOTE RATE

(not set) - Elevator Starter:

Class A 28.961 Class B 28.930 Class C 28.886 (not set) - Foreperson:

Class A 28.961 Class B 28.930 Class C 28.886 (not set) - Handyperson:

Class A 29.073 Class B 29.042 Class C 28.998 (not set) - Janitorial Services (Other):

Class A 26.598 Class B 26.567 Class C 26.523

Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $19790.56 per year for all employees working more than two (2) days per week. Medical reimbursement increased from 85% to 90% of the first $7500 after deductible.

PENSION: $114.75 per week for all employees working twenty (20) hours or more per week.

MINIMUM HOURLY WAGE: The wage rates applicable depend on the classification of the contract. A contract is classified as A B or C by the area to be serviced under the contract according to the following definitions: Class A building - Gross area of more than 280000 square feet; Class B building - Gross area of more than 120000 and not over 280000 square feet; Class C building - Gross area of less than 120000 square feet. Gross area is the sum total of the areas existing on the various floors of the building covered by the contract including the basement space but excluding those portions of the building used for the public utilities and general operation of the property. Gross floor area is computed by measuring from the inside plaster surface of all exterior walls of space serviced on the floor including columns corridors excluding porter's closets slop sinks toilets elevator shafts. Employees except elevator operators and starters the majority of whose hours fall between 7:00 P.M. and 6:00 A.M. and who work seven (7) hours or more per day shall in addition to their regular pay for scheduled hours receive either additional straight time pay for one-half (1/2) hour or be relieved one-half (1/2) hour earlier.

- Employees working 6 hours: 25 minutes straight-time pay or relieved 25 minutes earlier.

- Employees working 5 hours: 15 minutes straight-time pay or relieved 15 minutes earlier.

MEAL MONEY: Any employee required to work at least four (4) hours of overtime shall receive $15.00 as meal money.

VACATION: Three (3) days of paid vacation after six (6) months of service with a contractor or successor two (2) weeks after one (1) year; three (3) weeks after five (5) years; four (4) weeks after fifteen (15) years; five weeks after twenty-five (25) years. 21 years - 21 working days 22 years - 22 working days 23 years - 23 working days and 24 years - 24 working days. Pro-rated vacation benefits are payable to terminated employees eligible for a paid vacation also the employee who leaves on his own accord unless he fails to give five (5) working days termination notice. Length of service includes the whole span of continuous service with the present (successor) contractor wherever employed and with predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 4.173)

HOLIDAYS: Thirteen (13) paid holidays per year: Martin Luther King Jr's Birthday or Yom Kippur or a personal day New Year's Day Washington's Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Day and Personal Leave Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.)

SICK PAY: Ten (10) paid sick days for bona fide illness during a calendar year provided the employee has been employed at least one (1) year. Unused sick days shall be paid at a regular day's pay. An employee absent from duty due to illness only on a scheduled workday immediately before and/or on the scheduled workday after a holiday shall not be eligible for sick pay for said absent workday or workdays. Employees are limited to five (5) single day absences in a year.

Employees who achieve one year's service after Jan. 1 shall receive a pro rata share of sickness benefits for the balance of the calendar year. ANY EMPLOYEE WHO HAS A PERFECT ATTENDANCE RECORD FOR THE CALENDAR YEAR SHALL RECEIVE AN ATTENDANCE

BONUS OF $125.00 IN ADDITION TO PAYMENT OF UNUSED SICK DAYS.

ATTENDANCE BONUS: Any employee who has a perfect attendance record for the calendar year shall receive an attendance bonus of $125.00 in addition to payment of unused sick days.

TRAINING FUND: Contribution of $169.60 per year for all hours worked.

SERVICE CENTER VISIT: One (1) day of paid leave per year for use of benefit fund.

Provided an employee has one year of service and gives one (1) weeks’ notice to contractor. Such employee shall receive an additional day off with pay to visit the benefit fund office if such visit is required. Employee shall exhibit a signed statement of such a visit to receive payment for such days.

JURY DUTY: Employees who are required to qualify or serve on juries shall receive the difference between their regular rate of pay and the amount they receive for qualifying or serving on said jury with a maximum of three (3) weeks in any calendar year. Pending receipt of the jury duty pay the contractor shall pay the employee his regular pay on his scheduled payday. As soon as the employee receives the jury duty pay he shall reimburse the contractor by signing the jury paycheck over to the contractor.

ANNUITY FUND: Contribution of $13.00 per week for all hours worked.

BEREAVEMENT LEAVE: A regular employee with at least one (1) year of employment shall not be required to work for a maximum of three (3) days immediately following the death of an immediate family member (parent brother sister spouse or child).

Employee shall be paid regular straight time wages for any such three (3) days on which he was regularly scheduled to work or receive holiday pay. With respect to grandparents the contractor shall grant a paid day off on the day of the funeral if such day is a regularly scheduled workday.

LEGAL: $199.60 per year for all hours worked

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry-cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the Wage and Hour Division U.S. Department of Labor for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request the ""Service Contract Act Directory of Occupations"" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination.

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Elevator Starter:

Chief responsibility is to direct elevator operations and traffic in the building and does not normally operate an elevator.

Foreperson:

Differs from a porter or cleaning person in that the main responsibility is to direct cleaning operations.

Handyperson:

Possesses a certain amount of mechanical or technical skill and devotes more than fifty (50) percent of working time in a building to work involving such skill.

Janitorial Services (Other):

Include elevator operators’ porters porter/watchmen cleaning persons matrons security porters fire safety directors’ exterminators and all other service employees employed in the building under the jurisdiction of the union except those other classifications specified."