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Compliance with Federal wage and hour requirements has always been difficult. But things are about to get harder for employers. The U.S. Department of Labor has begun hiring 250 new investigators recently authorized by Congress, which will ramp up the agency enforcement efforts proportionately by 33%. And the Obama Administration has issued new wage and hour and employment related Executive Orders meant to reward their labor movement constituencies. Finally, new collective and class action suits are filed every day on an accelerated pace. Together, these developments mean that employers had better be sure that their house is in order and that they are compliant with wage and hour laws. Given the complexities of these laws, that is an enormous undertaking.

This course will teach employers how to comply with the Fair Labor Standards Act (FLSA), the major federal wage and hour law of general applicability. In addition, you will learn about four special federal wage and hour laws that apply to US government contractors as well as to many recipients of billions of dollars of new stimulus funds under the American Recovery and Reinvestment Act.

FLSA topics to be covered include:
  • how to determine if employees are exempt or non-exempt
  • what hours must be paid for as "working time"
  • how to calculate the overtime premium due
  • common pitfalls and how to avoid them
  • FLSA litigation basics
  • how to respond to a DOL investigation

For US government construction and service contractors, topics under the Davis-Bacon Act and Service Contract Act shall include:
  • what contracts the laws apply to;
  • choosing wage determinations;
  • prevailing wages;
  • fringe benefit requirements and how to meet them;
  • conformance for fixing the wages of missing job classifications; and
  • enforcement.

Finally, we will briefly touch on the requirements of the Walsh-Healey Public Contracts Act for US government supply contractors, and the Contract Work Hours and Safety Standards Act (CWHSSA) which regulates overtime compensation for blue-collar workers on federal contracts.

The goal of this course is to give a comprehensive overview of Federal wage and hour law.
Dates and Locations
October 25-26, 2017
Executive Conference and Training Center
Sterling, VA
$1275
REGISTER
DAILY SCHEDULE
9:00 AM - 4:00 PM

DAY ONE

8:30am – 9:00am 
REGISTRATION

9:00am – 10:30am 
OVERVIEW OF WAGE AND HOUR LAW

FAIR LABOR STANDARDS ACT (FLSA) REQUIREMENTS
• Minimum Wage
• Overtime
• Child Labor
• Recordkeeping

WHO IS AN EMPLOYEE?
• Independent Contractors
• Trainees
• Volunteers

10:30am – 10:45am 
BREAK

10:45am – 12:00pm 
FLSA EXEMPTIONS

• The Salary Basis Test
• Executive Exemption
• Administrative Exemption
• Professional Exemption
• Computer Employee Exemption
• Outside Sales Exemption
• Other Exemptions

12:00pm – 1:00pm 
LUNCH

1:00pm – 2:30pm 
FLSA EXEMPTIONS (continued)

WORKING TIME
• “Suffered or Permitted”
• Waiting Time
• Travel Time
• Training Time
• Meal and Break Time

2:30pm – 2:45pm
BREAK

2:45pm – 4:00pm
WORKING TIME (continued)

OVERTIME COMPENSATION
• The Regular Rate
• Half-Time
• Time-Off in Lieu of Overtime

DAY TWO
9:00am – 4:00pm, including luncheon

8:30am – 9:00am 
REGISTRATION

9:00am – 10:30am 
WORKING TIME

• Wages Rates Payable
Successor Contractor Obligations
• Fringe Benefits
 

10:30am – 10:45am 
BREAK

10:45am – 12:00pm 
THE SERVICE CONTRACT ACT (continued)
• Price Adjustments
• Other Issues
• Differences from the Davis-Bacon Act

12:00pm – 1:00pm 
LUNCH

1:00pm – 2:30pm 
THE DAVIS BACON ACT
 
Coverage
o What is Construction?
o What is a Public Work?
o What is a “Laborer” or “Mechanic”?
o Federally-Assisted Construction

• Wage Determinations
• Contract Work Hours and Safety Standards Act (CWHSSA) Overtime
• American Recovery and Reinvestment Act (Stimulus Bill)
• Other Issues

2:30pm – 2:45pm
BREAK

2:45pm – 4:00pm
COMPLIANCE AND ENFORCEMENT
• DOL Investigations
• Self-Audits
• Disputes with DOL
• Disputes with Workers
• Class and Collective Actions
• Penalties

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.

REPRESENTATIVE 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; and 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 ENGAGEMENTS

  • 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 ADMISSIONS & MEMBERSHIPS
Admitted, District of Columbia and Maryland Bars
Admitted, 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
Member, American Bar Association, Labor and Employment and Government Contracts Sections;Co-Chairman, ABA Labor and Safety Subcommittee 
Member, District of Columbia Bar Association 
Member, 
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.
NCMA: CONTRACT MANAGER CERTIFICATION
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: 13.0 (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: 11.0 (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: 11.0 (60 minutes), 13.0 (50 minutes)
CLE/CPE credits available
Executive Conference and Training Center
22685 Holiday Park Drive
Suite 60
Sterling, VA 20166
7037080808
RESERVATIONS AT GROUP RATE

Breakfast, lunch and breaks will be served at this location.

Hampton Inn & Suites Dulles
22700 Holiday Park Drive
Sterling, VA 20166
(703) 537-7800

There is a room block for this location.  This hotel is located across the street from the ECTC.  For guests room reservations, call 703.537.7800 and reference “Federal Publications” to get a room rate of $129/night, plus taxes.  Note that these reservations must be made three weeks prior to the start of the event and that the rooms are subject to availability.

TRAVEL INFORMATION

Breakfast, lunch and breaks will be served at this location.

Hampton Inn & Suites Dulles
22700 Holiday Park Drive
Sterling, VA 20166
(703) 537-7800

There is a room block for this location.  This hotel is located across the street from the ECTC.  For guests room reservations, call 703.537.7800 and reference “Federal Publications” to get a room rate of $129/night, plus taxes.  Note that these reservations must be made three weeks prior to the start of the event and that the rooms are subject to availability.

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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Wage and Hour Compliance
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Date Location
October 25-26, 2017 Sterling, VA
REGISTER
By Phone
Call (888) 494-3696