22.1019 Additional classes of service employees
Source: FAR 22.1019 on acquisition.gov
Contractors must properly classify and obtain approval for any unlisted service employee classes before work begins, using SF 1444 and following strict conformance procedures to ensure compliance with wage determinations.
Overview
FAR 22.1019 addresses the procedures for handling classes of service employees not listed in the applicable wage determination for a contract covered by the Service Contract Labor Standards. It requires contracting officers and contractors to ensure that any unlisted employee classifications are properly conformed to existing wage determinations, maintaining a reasonable relationship to listed classifications. The section also clarifies limitations on creating new lower-level or trainee classifications and allows for subminimum rates for certain categories of workers under specific conditions.
Key Rules
- Conforming Unlisted Employee Classes
- Contractors must classify unlisted service employee classes to align with existing wage determinations and submit SF 1444 before such employees begin work.
- Review and Approval Process
- Contracting officers review and forward SF 1444 to the Wage and Hour Division, which must respond within 30 days or notify if more time is needed.
- Limitations on Conformance
- Lower-level, trainee, or helper classifications cannot be artificially created or conformed unless the work is outside the scope of listed classifications.
- Subminimum Rates
- Subminimum wage rates for apprentices, student learners, and disabled workers are allowed if compliant with the relevant contract clause.
Responsibilities
- Contracting Officers: Ensure unlisted classes are properly classified, review and submit SF 1444, and communicate with the Wage and Hour Division.
- Contractors: Initiate the conforming process before work begins, submit SF 1444, and ensure compliance with classification rules.
- Agencies: Provide recommendations and ensure timely processing of requests.
Practical Implications
- Ensures fair and consistent wage practices for all service employees, including those in unlisted roles.
- Prevents contractors from circumventing wage standards by creating inappropriate classifications.
- Delays or non-compliance can result in wage disputes or contract violations.
(a) If the contracting officer is aware that contract performance involves classes of service employees not included in the wage determination, the contracting officer shall require the contractor to classify the unlisted classes so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between the unlisted classifications and the classifications listed in the determination (see paragraph (c) of the clause at 52.222-41, Service Contract Labor Standards). The contractor shall initiate the conforming procedure before unlisted classes of employees perform contract work. The contractor shall submit https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate" target="_blank">Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate. The contracting officer shall review the proposed classification and rate and promptly submit the completed https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate" target="_blank">SF 1444 (which must include information regarding the agreement or disagreement of the employees’ representative or the employees themselves together with the agency recommendation) and all other pertinent information to the Wage and Hour Division. Within 30 days of receipt of the request, the Wage and Hour Division will (1) approve, modify, or disapprove the request when the parties are in agreement or (2) render a final determination in the event of disagreement among the parties. If the Wage and Hour Division will require more than 30 days to take action, it will notify the contracting officer within 30 days of receipt of the request that additional time is necessary.
(b) Some wage determinations will list a series of classes within a job classification family, for example, Computer Operators, level I, II, and III, or Electronic Technicians, level I, II, and III, or Clerk Typist, level I and II. Generally, level I is the lowest level. It is the entry level, and establishment of a lower level through conformance is not permissible. Further, trainee classifications may not be conformed. Helpers in skilled maintenance trades (for example, electricians, machinists, and automobile mechanics) whose duties constitute, in fact, separate and distinct jobs may also be used if listed on the wage determination, but may not be conformed. Conformance may not be used to artificially split or subdivide classifications listed in the wage determination. However, conforming procedures may be used if the work which an employee performs under the contract is not within the scope of any classification listed on the wage determination, regardless of job title. (See 29 CFR 4.152.)
(c) Subminimum rates for apprentices, student learners, and disabled workers are permissible in accordance with paragraph (q) of the clause at 52.222-41, Service Contract Labor Standards.