5 HR requirements for government contractors

January 15, 2021 at 7:00 AM

When it comes to hiring and working with federal contractors, there are a lot of laws and statutes that apply. Additionally, failure to meet these requirements can lead to heavy penalties. Fortunately, the team at InterConnect Human Resources Services is well-versed in HR requirements for government contractors.

Before we go further, let’s examine who would be considered a government contractor. An individual or employer who enters into a contract with any department or agency within the United States Government is considered a federal contractor. This contractor is hired to perform a job, supply labor and materials, or sells products and services. Keep reading to learn five HR requirements for such contractors. Each federal statute requires specific actions by government contractors.

The Contract Work Hours and Safety Standards Act (CWHSSA)

Requirements within the Contract Work Hours and Safety Standards Act state that contractors with working contracts that total over $100,000 to pay workers 150 percent of their basic pay rate for all hours worked beyond the 40-hour workweek.

The individual or agency working as the contractor must provide a poster that announces these hourly rates. Furthermore, this poster must be displayed and accessible at the worksite. While there is no size requirement, the poster must be easy to read.

Davis-Bacon and Related Acts (DBRA)

In contrast to the CWHSSA, Davis-Bacon and Related Acts requires that contractors working with a federal or District of Columbia contract larger than $2,000 must pay workers no less than the local prevailing wage rates with fringe benefits as established by the Department of Labor. Similar to the CWHSSA, an easy-to-read poster must be accessible to all employees.

Drug-Free Workplace Act of 1988

Statute 41 U.S.C. 81, or the Drug-Free Workplace Act of 1988, requires that some federal contractors and all beneficiaries of a federal grant provide drug-free workplaces. This is a precondition to receiving government funding or contracts. This statute is designed to assist employers in eliminating drugs from the workplace to increase productivity. As the act implies, it was put into effect in 1988.

While there is no poster required with this statute, employers must publish a statement that notifies employees that the unlawful manufacture, use, possession, distribution of controlled substances is prohibited and action will be taken in the case of a violation. A drug-free awareness program can also be established.

Executive Order 11246

Executive Order 11246 is the basis for Equal Employment Opportunity (EEO), which prevents discrimination during employment decisions that are based on race, color, religion, sex, or national origin. It is required that contractors take affirmative action to ensure that there is truly equal opportunity within their organization.

A notice regarding EEO must be placed in a common location and available to all employees, employment candidates, and labor union representatives.

Migrant & Seasonal Agricultural Worker Protection Act (MSPA)

As the name of the statute states, the Migrant & Seasonal Agricultural Worker Protection Act is designed to protect migrant and seasonal agricultural workers. These protections include wages as stated in labor contracting, record keeping, transportation, working conditions, and housing. The MSPA goes further and requires compliance in working arrangements between laborers and employees.

Contrary to other requirements for government contractors, there are no posting requirements for the MSPA. However, it is required that employers post a notice for workers who are injured on the job. The employer must provide the name, location, and phone number of the official who deals with injury or death as well as state that the employer is insured and compensation is secured through the Longshore Act.

Learn more with InterConnect Human Resources Services

At InterConnect Human Resources Services, we’re experts in how to deal with contractors. Our team is well-versed in HR requirements for government contractors and can help you to make sure you are compliant with these requirements. Get in touch with our team by calling 833-670-0331 or send us a message via our contact form.