Service Contract Act/remote work

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Latest post Fri, Feb 19 2016 6:10 AM by Drew. 9 replies.
  • Fri, Feb 5 2016 3:45 PM

    Service Contract Act/remote work

    Does anyone know if the wage determination rate (WDR) should depend on where the contracting office is located or is it on the location of the employees' homes where all the actual work is performed?  If the first case, what is the proper method to calculate hourly wages, then, when one works on multiple contracts under the same job title?  

  • Mon, Feb 8 2016 7:04 AM In reply to

    Re: Service Contract Act/remote work

    I hope you've found your answers elsewhere already...if not, all I can contribute is this link to the U.S. Department of Labor's website.  According to that, the DOL makes these wage determinations on a contract-by-contract basis, and the rates are supposed to be incorporated into each contract.

    It sounds like that process could result in the same worker being paid at different rates on different contracts.

  • Tue, Feb 9 2016 9:20 AM In reply to

    • Drew
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    Re: Service Contract Act/remote work

    More details as to who is what and where and doing just what might get you better suggestions ....

    In general where the work is performed counts...but that's not always true . For starters..where does work originate and where is it sent . 

    CA has some unique overtime rules that are daily ....so if one is working  10 hrs a day on 3 different projects all for employer X, there may well be OT.

    CA has at least one city with higher wage rates ...and I have no clue how that shakes out for an employer in one place and employee in another .

    And its not clear  if you are employed by X but actually working under control of Y for Ys projects..

    And I suspect there are folks who seek to end run health care coverage by putting employee on different supplier   sources and working less than 30 hours a week for any one of them. 

     



  • Tue, Feb 9 2016 12:12 PM In reply to

    Re: Service Contract Act/remote work

    Thank you to those who replied.

    It is data entry work.  We employees are located all over the country.  The company has several VA contracts.  Normally this is a production based job (for non-VA work).  They calculate our hourly pay per pay period based on "production" for each contract combined with the WDRs per contract (which is dependent on where that contract originates).   We are allowed to work a total of 40 hours per week.  It would be nice to have stable hourly rate, and I read of another company in a similiar situation bases it on employees' locations.  It doesn't seem both can be correct, but that is beyond my knowledge.  

  • Tue, Feb 9 2016 1:51 PM In reply to

    • Drew
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    Re: Service Contract Act/remote work

    I would cross check with folks more current and better informed than I am ...IF you are in CA it may be that employer must also meet the minimum requirements  of whatever the CA wage may be and CAs rather unique OT rules....

     

    As to stable wage rate...I Doubt any law requires that ....



  • Thu, Feb 11 2016 5:28 PM In reply to

    Re: Service Contract Act/remote work

    karrieannie:
    It would be nice to have stable hourly rate, and I read of another company in a similiar situation bases it on employees' locations.  It doesn't seem both can be correct, but that is beyond my knowledge.

    The WDRs are minimums, so a company could choose to pay at a rate that is higher.  I don't know whether a given government agency such as the VA would have the leeway to authorize payment at higher rates when appropriate, but even if not, a company can choose to forego some profit on an employee's labor and pay the employee at a somewhat higher rate than the rate at which they bill that employee.  Within reason, of course.

  • Wed, Feb 17 2016 2:53 PM In reply to

    • Drew
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    Re: Service Contract Act/remote work

    I suspect  the issue is low pay rates ....and games to keep it low ....it's been a long time ago that I worried about this stuff...so add a lot of salt.  

    basic rate for data entry is hourly based not production based, for,covered contracts and runs something like $ 12.50hr PLUS. $ 4.25 health and welfare plus vacation plus a list of holidays.   Plus daily OT under CA law if you work more time in that day, 8+ ...not a 40wk cap. 



  • Thu, Feb 18 2016 2:16 PM In reply to

    Re: Service Contract Act/remote work

    Well, another wrinkle is they consider us statutory employees.  Maybe it's a way to get around various states' employment laws and follow purely the SCA, I'm guessing.  

     

     

  • Thu, Feb 18 2016 3:40 PM In reply to

    • Drew
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    Re: Service Contract Act/remote work

    They can call you Pope but that does not make you Pope.....an statutory employee is fancy language for some  types of independent contractors ....which so far there is not reason to assume accurately fits your description....rather to the contrary, there is a presumption you are an employee unless it's shown you are not. 



  • Fri, Feb 19 2016 6:10 AM In reply to

    • Drew
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    Re: Service Contract Act/remote work

    I'm not sure the jargon matters, ask a CA labor attorney.....a home worker may well be a statutory employee but that means they are an employee....see CA. CUIC 621 (c)(1)(C) 



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