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  • Question

    In this scenario, how would we determine the employee's length of service for considering SCA vacation eligibility in accordance with 29 C.F.R. 4.173(a)(1)(ii)? The contractor the employee previously worked for is not truly a predecessor contractor since they are still performing work at the facility. This situation would be more comparable to contractors working on a multiple award contract simultaneously, except in our case we are not working under the same master contract as the employee's previous employer, we are just working at the same Federal facility.

    Answer

    Preliminary research indicated postal contracts were exempt from SCA, however if SCA applies, other sources indicated the employee should show evidence of first hire date.
     
    Electronic Code of Federal Regulations, e-CFR data is current as of February 27, 2018.  *1
    Title 29 → Subtitle A → Part 4. Title 29: Labor

    PART 4—LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS

    Specific Exclusions

    §4.115 Exemptions and exceptions, generally.

    (a)  The Act, in section 7, specifically excludes from its coverage certain contracts and work which might otherwise come within its terms as procurements the principal purpose of which is to furnish services through the use of service employees.
    (b)  The statutory exemptions in section 7 of the Act are as follows:
     
    (1) Any contract of the United States or District of Columbia for construction, alteration, and/or repair, including painting and decorating of public buildings or public works;
     
    (2) Any work required to be done in accordance with the provisions of the Walsh-Healey Public Contracts Act (49 Stat. 2036);
     
    (3) Any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line, or oil or gas pipeline where published tariff rates are in effect;
     
    (4) Any contract for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934;
     
    (5) Any contract for public utility services, including electric light and power, water, steam, and gas;
     
    (6) Any employment contract providing for direct services to a Federal agency by an individual or individuals;
     
    (7) Any contract with the Post Office Department, (now the U.S. Postal Service) the principal purpose of which is the operation of postal contract stations.
     

     

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