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  • Question

    The hotel wants the wage determinations removed. Is the Service Contract Act valid for these types of meals.


    Answer

    The Service Contract Act of 1965, as amended does not apply to hotel/motel services for conferences that include meals. Part 22.1003-4(d)(1)(iii) of the Act states,  (d) Contracts for certain services.—
    (1) Exemption. Except as provided in paragraph (d)(5) of this subsection, the Secretary of Labor has exempted from the Act contracts and subcontracts in which the primary purpose is to provide the following services, if the conditions in paragraph (d)(2) of this subsection are met: ...........
    (iii) Hotel/motel services for conferences, including lodging and/or meals, that are part of the contract or subcontract for the conference (which must not include ongoing contracts for lodging on an as needed or continuing basis).

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