It was already difficult to understand and comply with Federal Government Contracting Laws, such as Davis-Bacon, Walsh-Healey and the Service Contract Act (SCA). As of January 18, 2013, employers obtaining service contracts with the Federal Government will be required to offer employees of the predecessor contractor and its subcontractors a right of first refusal of employment for positions for which they are qualified.
The final FAR Regulation also states that the offer of employment qualifies even if it is not for a position similar to the one previously held. The position only needs to be one for which the employee is qualified, and it can have different employment terms and conditions, including pay and benefits.
Predecessor contractors do not appear to have to include contact information for their employees who worked on the contract. Successors still will be required to reach out to the employees. Successors must also presume that all employees working on the contract in its last month of performance did suitable work.
I am a Senior Partner operating out of the Atlanta office of Fisher & Phillips LLP, one of the Nation’s oldest and largest management employment and labor firms. My practice is national and keeps me on the road or in one of our 28 offices about 50 percent of the time. I created and co-chair the Firm's Workplace Safety and Catastrophe Management Practice Group. I have almost 29 years of experience as a labor lawyer, but rely even more heavily on the experience I gained in working in my family's various businesses, and through dealing with practical client issues.
Employers tell me that they seldom meet an attorney who delivers on his promise to provide practical guidance and to be a business partner. As a result, some executives probably use different terms than “practical” to describe my fellow travelers in the profession.
I don't enjoy the luxury of being impractical because I spend much of my time on shop floors and construction sites dealing with safety, union and related issues which are driven by real world processes and the need to protect and get the most out of one's most important business assets ... its employees. That's one of the reasons that I view safety compliance as a way to also manage problem employees, reduce litigation and develop the type of work environment that makes unions unnecessary. Starting out dealing with union-management challenges and a stint in the NLRB have better equipped me to see the interrelationship of legal and workplace factors.
I am proud also of my experience at Fisher & Phillips, where providing “practical advice” is second only to legal excellence among the Firm’s values.
Our website lists me as having provided counsel for over 225 occasions of union activity, guided unionized companies, and as having managed approximately 450 OSHA fatality cases in construction and general industry, ranging from dust explosions to building collapses, in virtually every state. I have coordinated complex inspections involving multi-employer sites, corporate-wide compliance, and issues involving criminal referral.
As a full labor lawyer, I oversee audits of corporate labor, HR, and safety compliance. I have responded to virtually every type of day-to-day workplace inquiry, and have handled cases before the EEOC, OFCCP, NLRB, and numerous other state and federal agencies. At F & P, all of us seek to spot issues and then rely upon attorneys in the Firm who concentrate on those areas. No tunnel vision. I teach or speak around 50 times per year to business associations, bar and professional groups, and to individual businesses. I serve on safety committees at three states’ AGC Chapters, teach at the AGC ASMTC
This entry was posted in construction
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and tagged APPLICATION OF MCNAMARA-O’HARA SERVICE CONTRACT ACT (SCA)
, davis bacon
, displaced workers
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, service contract act
, successor contractors
, walsh healey
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