22.1019
Additional classes of service employees
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.