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Found 2 results

  1. This topic was discussed back in 2002! I am wondering if anyone has more current data. My company has a T&M contract with the Federal Government to provide information technology services and an issue has come up regarding the use of exempt (salaried) personnel, the hours they work, and how those hours are billed. All of the personnel performing under the contract are exempt from the Fair Labor Standards Act (FLSA) and routinely work more hours than what would be considered a typical workday (8 hours). Since our employees are exempt from FLSA, they do not receive additional compensation for the extra hours that they work. In accordance with DCAA guidance, our employees record all hours worked on their timesheets. Our prime contractor reached out today and they suggested that there’s no FAR that allows for us charging time & half for overtime pay for non-exempt employees. Instead, he suggested that overtime premium needs to be baked into our T&M bill rates and not show up as a separate 1.5 X standard pay rate. I tend to agree, but my CEO has a different take! No Costs/No Billings, but the costs are not unallowable and we could record them to OH Rate. CEO's stance is that under a T&M contract we can bill the government for all hours worked in direct support of the contract (within the stated ceiling price, of course), regardless of whether any extra hours worked results in increased costs to the company or not. Our customer’s view is that since we are not incurring additional costs as a result of the extra hours worked by exempt personnel, we should cap our billings at the number of full-time hours available in a given billing period. A simple example for a one-person contract: if the month of June ’18 has 160 full-time hours available (20 business days x 8 hours/day) and our employee ends up working 200 hours (20 business days x 10 hours/day), our customer wants us to cap our billing at 160 hours. He says were entitled to 200 hours, given the nature of a T&M contract (it purchase hours worked, not costs incurred). They say they’ll reject the invoice if it’s for more than 160 hours. Again, I tend to agree, but any words as to the best way to handle this situation so I don't GET FIRED? (not really, but any assistance would be appreciated). Thanks, Mark
  2. I am managing a Cooperative Agreement issued from USAID. The award doesn't stipulate any restrictions regarding overtime payment. I was wondering whether we can pay overtime. Overtime will be considered anything above 40 hours of work per week. I know that cooperative agreements are governed by 22 CFR 226, 22 CFR 228 and cost rules . We are also a Commercial entitiy so hence we should use our own cost principles and policies under a Cooperative Agreement as same as FAR part 31, that said all of these regulations are silent regarding payment of overtime. I would really appriciate you guidance/thoughts on this subject!
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