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Who should attend:

A special one-day program for those involved with Government contract labor and wage requirements— personnel professionals, contract managers, compliance officials, legal counsel and financial personnel featuring:

What you will learn:

    • In-depth analysis of the Act’s requirements regarding wage rates and their impact on your daily activities

    • Dispute and problem resolution

    • Analyses of pending and proposed legislative initiatives

    • Effective compliance procedures

Many problems can arise in the Act’s interpretation, administration and enforcement including:

    • The classification of workers

    • How an area’s “prevailing” rates are determined

    • What constitutes the work site

    • Bona fide employee fringe benefits plans

    • Service and supply contracts vs. construction contracts

    • Debarment

    • Payment schedule and record keeping requirements

    ....and much more

This program is a step-by-step analysis of the information contractors and their personnel — contract managers, personnel professionals, financial professionals, legal counsel, project managers and others — need to know regarding the Davis-Bacon Act.

Materials include:

    • Course Manual

    • Presentation Materials

Dates and Locations

This course will be scheduled soon. Please enter your information below to receive a notification when the class is scheduled.

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DAILY SCHEDULE
9:00 AM - 4:00 PM

 

  1. History and Purpose of the Act
    1. Background
    2. Remedial Purpose
    3. Relationship to Other Labor Laws
    4. Statistical Data on Department of Labor Enforcement Actions
  2. Requirements of the Act
    1. Construction, Alteration or Repair of Public Works
      1. What is construction?
      2. What is a public work?
      3. What is the site of the work?
    2. Federally Assisted Construction
    3. Prevailing Wages
      1. General rule
      2. Credits allowed
    4. Bona Fide Fringe Benefits
      1. Types of acceptable fringes
      2. Application to noncovered work
      3. Self-insurance program
    5. Health and Safety
    6. Recordkeeping and Certified Payroll
  3. Wage Determinations
    1. Federal Register Notice
    2. Available by Subscription
    3. Defining Locality
    4. Project and Area Decisions
      1. Geographical boundaries
      2. Apprentices
      3. Helpers
      4. Expiration prior to contract award
      5. Wage decision not a representation
  4. Special Problems
    1. Service vs. Construction Contracts
    2. Supply vs. Construction Contracts
    3. Maintenance and Operation Contracts
    4. Task Order Contracts
    5. Adding Requirements Beyond the Act
    6. Access to Information
    7. Government Superior Knowledge
    8. Classification Problems
    9. Finality of Classifications
    10. Conformances
  5. Authority to Interpret the Act
    1. Department of Labor Authority-All Disputes Clauses
    2. GAO Authority-Bid Protests
    3. Department of Justice Authority-UDAG and Lease Agreements
    4. Procuring Agency Authority
  6. Other State and Federal Law Requirements
    1. Little Davis-Bacon Acts
    2. Preemption
    3. Christian Doctrine
    4. NLRB Overlap
  7. Sanctions for Violations
    1. Withholding
      1. Procedure
      2. Priority to withhold funds
    2. Court Actions for Underpayment
      1. Standing
      2. Statute of limitations
      3. Sureties
      4. Interest
    3. Ineligibility Listings/Debarment
      1. Standard for debarment
      2. Procedure
      3. Judicial Review
      4. Contract Work Hours and Safety Standards Act (CWHSSA) Debarment
    4. Termination for Default
    5. Criminal Prosecution
    6. Appellate Rights
      1. Wage Appeals Board procedures
      2. Wage Appeals Board rulings
      3. Judicial Review
    7. Employee Private Cause of Action
    8. Suits By Subcontractors
  8. Overtime
    1. CWHSSA Requirements
    2. Fair Labor Standards Act Requirements
    3. Calculating Overtime
  9. Future Developments
    1. Regulatory Developments and Proposals
      1. The FAR
      2. Proposed abolition of certified payroll requirement
    2. Legislative Proposals
      1. Proposed abolition of the Davis-Bacon Act
      2. Changes in dollar threshold
      3. The Kennedy Bill

 

Daniel B. Abrahams

Mr. Abrahams is a Partner in the Government Contracts and Wage and Hour Group of Brown Rudnick LLP.

Mr. Abrahams counsels clients in matters related to government contracts, wage and hour, and federal employee health care law.  Mr. Abrahams represents clients in federal and state courts and in arbitrations, as well as before various boards of contract appeals.  His experience includes collective and class actions, bid protests, contract claims, wage and hour audits, and compliance counseling.

Representation Matters

Mr. Abrahams' reported wage & hour and government contracts cases include:

    • Matter of S4, Inc., Comp Gen. Dec. B-299817 (GAO 8/23/07)

    • Rome Research Corporation v. USA, case no. 1:06-cv-377 (Ct. Cl. 2007)

    • VT Griffin Services, Inc. v. Field Support Services, Inc., case no. AW-06-3387 (S.D. MD 2007)

    • Matter of James C. Trump, Comp. Gen. Dec. B-299370, (GAO 2/20/07)

    • Lear Siegler Services, Inc. v. Rumsfeld, 457 F.3d 1262 (Fed Cir. 2006)

    • Davis v. Lenox Hill Hosp., 204 WL 1926086 & 1926087 (S.D.N.Y. 2004)

    • FC Business Systems, Inc., Comp Gen Dec. B-278730, (GAO 3/6/98)

    • Custom Printing Company, Comp. Gen Dec. 275798.3 (GAO 7/9/97)

    • Digital Equipment Corp. v. GSA, GSBCA No. 12891 (GSBCA 7/28/94)

    • Communications Technology Applications, Inc., ASBCA No. 4173 (ASBCA 6/25/92)

    • Communications Technology Applications, Inc., GSBCA No. 10172-C and 9978-P (GSBCA 8/6/90)

Publications

Mr. Abrahams is co-author of six books:

    • Government Contracts Compliance Guide

    • Public Official's Guide to e-Government

    • Fair Labor Standards Handbook for State, Local Governments and Schools

    • Employer's Guide to the Fair Labor Standards Act

    • FLSA Employer Exemption Handbook

    • Public Employer's Guide to Payroll Administration

Co-author of Briefing Papers entitled The Service Contract Act and The Davis-Bacon Act.

Co-author of articles "Doing Business With the Federal Government" and "Doing Business With the State of Maryland" for the ABA's Complete Lawyer Magazine and the Maryland Bar Journal.

Co-author of Thompson’s HR Employment Forms, an on-line publication.

Speaking Engagments

    • Former adjunct assistant professor at The George Washington University Law School, where he co-taught a course in the combined Labor/Government Contracts LLM Program entitled Federal Labor Standards.

    • Lectured widely on government contracts, construction and labor standards topics for private groups, Federal Publications Inc., the Educational Services Institute, and the George Washington University Government Contracts Program.

    • Co-taught seminars entitled The Labor Requirements of the Service Contract Act; The Davis-Bacon Act; The Fair Labor Standards Act; Calculating Loss of Efficiency Claims; and Contracting for Services.

Bar Admission & Membership

    Admitted
    • District of Columbia and Maryland Bars
    • US Court of Appeals for the Federal Circuit and US Court of Federal Claims

    Admitted to
    • various US District Courts and Court of Appeals pro hac

    Co-Chairman
    ABA Labor and Safety Subcommittee

    Member
    American Bar Association, Labor and Employment and Government Contracts Sections
    District of Columbia Bar Association
    Maryland Bar Association

Shlomo Katz

Mr. Katz is a member of the Government Contracts Group.

Mr. Katz practices in the areas of commercial and government procurement law and litigation, wage and hour law and construction law. Mr. Katz has significant experience in preparing, negotiating and litigating contract claims and bid protests, as well as advising clients on contract compliance, small business, subcontracting and data rights issues under government contracts. He has successfully litigated before federal, state and local courts and the Government Accountability Office and Boards of Contract Appeals.

In addition, Mr. Katz represents clients in connection with minimum wage, working time and overtime issues under the Federal Fair Labor Standards Act, Service Contract Act, Davis-Bacon Act and state wage payment and prevailing wage laws. This includes conducting proactive wage-hour audits for employers as well as litigation minimum wage, overtime and wage payment claims.

MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
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All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
CPE HOURS
This Program is eligible for: 6.5 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 6.0 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 5.5 (60 minutes), 6.5 (50 minutes)
100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
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A Practical Guide to the Davis-Bacon Act
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