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About NKilgo

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  1. Jacques, thank you! Your insights have been most helpful. The article and the associated case law you cited is right on point. I don't argue the limitations as expressed in the SCA and -43 clause, nor do I argue the fact that DOL cannot enforce State Minimum wage requirements. However, there is still the matter of the spirit and intent of the federal min wage requirements in the first place. And from a purely business perspective why would the federal government want to put a contractor who it chose to enter into a contract with for a service that it needs to be unsuccessful in staffing
  2. Recently, I have run into a wage issue where I hope the forum can lend some guidance: The issue is around those locals where the State Min wage exceeds the Fed minimum wage. As we all know, DOL requires contractors to pay the State min wage if/when it exceeds the Federal min wage. My problem is I'm being told that in a nutshell, the Federal Government is not required to adjust wages to pay the higher State min wage should it exceed the federal min wage. This just doesn't seem fair to me. How can we require a contractor to pay the higher State min wage when it increases but not entertain t
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