Definitioner
WDS (Wage Determinations)
DoL issues WDs under SCA and DBA provisions. WDs publish minimum wages and fringe benefits for each classification listed on the WD. Area WDs generally reflect wages that are prevailing for a broad number of classifications working in a specific, often broad, geographic area Industry-specific WDs reflect wages and benefits prevailing in certain unique industries (e.g., elevator maintenance services, fast-food restaurants, and diver services). CBA WDs reflect collective bargaining agreements determined by DoL to be protected and applicable to successor contractor
workers under SCA Section 4(c).
H&W Rate (Prevailing Wages)
Wage rates based on data from DoL surveys and other information that generally reflect an average rate paid to certain employee classifications within a specific geographical location.
H&W Rate (Predecessor Contract)
For SCA Section 4(c) purposes, a predecessor contract is the SCA covered contract which was previously performed at the same locality for the purpose of providing the same services.
H&W Rate (Per Person)
Under SCA, minimum H&W requirements are stated as a per-hour rate to be paid in addition to the minimum wage listed on the wage determination (WD). On certain SCA WDs, an employer must comply by paying for such benefits at an amount at least equal to the stated H&W rate for all hours paid to a worker each week, up to a total of 40 hours per week. "All hours paid each week" includes work hours and paid leave hours. (See 29 CFR Part 4.)
Minimum wage
generally used with SCA, FLSA, or DBA.
Health and Welfare
Fringe benefits listed on most SCA WDs as requirements that must be met in addition to paying the stated SCA minimum wages. H&W generally includes benefits such as medical, life, and disability insurance, sick leave, pension,
retirement, or other similar benefit plans. H&W requires that benefits be "bona fide" as
defined in 29 CFR Part 4, Section 171.
CFR (Contract)
A mutually-binding agreement or document between two or more parties. Federal contracting agencies may award contracts to private-sector companies (or other entities) for the purpose of acquiring goods, services, or construction at an agreed-upon price.
CFR (Conformance)
A process under SCA for an employer to use to request an enforceable SCA or DBA wage and benefit rate for a classification that is required in the performance of the contract but is not listed on the applicable WD. The employer must submit a
proposed rate for the classification, the employee(s) working in the c1assication must sign the proposal concurring or disagreeing with the employer's proposal, the federal agency's
contracting officer may concur or disagree with the proposal, and DoL approves or denies the employer's request.
CFR (Code of Federal Regulations)
U. S. Code of Federal Regulations. Contains regulations published by each federal agency, including DoL. (See www.wdol.gov Library Page to link to these documents.)
minimum health and welfare (Averaging H&W)
Under SCA, minimum health and welfare (H&W) fringe benefit
requirements are stated as a per-hour rate to be paid in addition to the minimum wage
listed on the wage determination (WD). On certain SeA WDs, an employer may comply
by ensuring that the overall amount paid by the employer for such benefits at least
averages the required H&W rate for all hours worked by the covered workers. See 29 CFR
Part 4.
SCA (Service Contract Act)
McNamara-O'Hara Service Contracts Act of 1965 (as amended).The McNamara-O’Hara Service Contract Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract.
