Department of Labor Issues New Health & Welfare Fringe Benefits Rates for Contracts Covered by the Service Contract Act
Client Alert | 1 min read | 08.08.17
On July 25, 2017, the Department of Labor issued its annual memorandum increasing the health and welfare fringe benefits rate (H&W rate) for contracts covered by the Service Contract Act from $4.27 per hour to $4.41 per hour, with corresponding increases from $1.78 per hour to $1.91 per hour for Hawaii. In a new measure, the DOL set the H&W rate for contracts covered by Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, at $4.13 per hour ($ 1.63 per hour in Hawaii) to account for the additional paid sick leave benefits covered contractors must provide under E.O. 13706. These new H&W rates must be included in all bids or other service contracts awarded after August 1, 2017, but the rates do not automatically apply to existing contracts until contracting agencies modify the contracts with an updated wage determination.
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Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
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