A class of service employee not listed in the wage determination must be classified by the contractor to provide a reasonable relationship (i.e. appropriate level of skill comparison) between the unlisted classifications and the classifications listed in the wage determination.
The conformance procedure for the unlisted class must be submitted by the contractor to the contracting officer no later than 30 days after the unlisted class of employee performs any contract work. The contracting officer then reviews the proposed action and submits the conformance with their concurrence, and/or comments to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for approval. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.
If approved, the wage and fringe benefits must be paid to all employees performing in the classification from the first day the contract work is performed. Regardless of whether the contracting officer agrees or disagrees, they must submit the conformance request to the Department of Labor for determination. However, the contracting officer can annotate that they disagree with the conformance request.
October 2018
Tags: Wage and Hour