DOL Finalizes Executive Order and Summarizes SCA Audits
DOL Finalizes Executive Order # 13495
Executive order # 13495 pertaining to “ Nondisplacement of Qualified Workers” was finalized on January 18, 2013. The ruling ensures qualified workers on a Federal Service Contract who would otherwise lose their jobs as a result of the completion or expiration of a contract will be given the right of first refusal for employment, with the successor contractor. Generally, a successor contractor may not hire any new employees under the contract until the right of first refusal has been provided. This order applies to a successor for the performance of the same or similar services at the same location.
This order defines service contracts or contract to mean any contract or subcontract for services entered into by the Federal Government or its contractors that is covered by the McNamara-O’Hara Service contract Act.
You can review FAR 52.222-17 for more comprehensive details about this new executive order. Also, look at Fact Sheet # 67A: Nondisplacement of Qualified Workers on www.dol.gov that provides a more detailed explanation about the order and whom to contact if you have more questions.
DOL Audit Statistics for FY 2012
In Fiscal Year 2012, the Wage and Hour Division (WHD) in Washington DC collected more than $32 million dollars in back wages for underpaid Davis Bacon workers as the result of more than 50 project investigations. The Branch’s work exceeded the overall strategic plans call for an increase in enforcement of the Service Contract Act.
The coordination of this goal resulted in resolving 858 SCA cases and collecting $44,888,935 in back wages for approximately 15.6 million service employees. Of the 858 cases, 634 were found in violation under SCA. In addition there were 19 SCA debarments processed in FY 2012.
Having knowledgeable personnel capable of handling a DOL audit can protect you from wage settlements and possible debarment. For more information contact MARAL, LLC (acorvigno@marallc.com) and set up a one-day SCA/DBA training seminar for your employees.
At Cleary, we know how important a comprehensive benefits package can be to your continued success. Give us a call today at 617-723-0700 and we will work with you to create a plan that meets your fringe-benefit obligations and provides your employees with valuable benefits.
New Financial Reporting Option for Small Private Businesses
Private, for profit businesses have few choices when it comes to financial reporting for purposes of securing a loan or a surety credit. These entities must adhere to the U.S. Generally Accepted Accounting Principal (GAAP) statements or they will run the risk of not qualifying for credit. However, GAAP often requires a great deal more information than is actually needed to understand the performance of their business.
The Sarbanes Oxley Act and other mandated financial reporting regulations for large and publicly traded companies have trickled down and started to hamper the ability of Small and Medium Sized (SME) entities to provide financial reports that are truly meaningful to their owners, lenders and sureties.
The American Institute of Certified Public Accountants (AICPA) has come up with a new Financial Reporting Framework (FRF) that will be a less complicated and therefore a less costly reporting option for these SME’s.
In the past, my suggestion to clients looking for surety credit was that they use a CPA, not a tax accountant or tax preparer for their financial presentation to a surety. However, under the suggested new framework for SME’s they would have the option to use these other “non-certified” practitioners. Will the sureties or lenders embrace this change after pushing for GAAP CPA statements for so long? Time will tell.
At Cleary, we will evaluate your business exposures and work with you to develop a comprehensive plan to safeguard your business. Give us a call today at 617-723-0700.
Improving Your Financial Health in 2013
Presented by John B. Steiger
As a New Year begins, many people make resolutions to better themselves and their lives—lose weight, volunteer, spend more time with the kids or grandkids . . . nearly everyone has something they hope to change. Why not add one more important item to your list this year?
Throughout the last few months, the media has focused on the fiscal cliff—those sweeping tax increases and spending cuts that are due to go into effect on January 1, 2013, unless Congress acts to change them. But that discussion shouldn’t overshadow positive developments in the U.S., nor should it stop you from making improvements to your financial health in 2013.
Consumer Markets Look Good
Consumer sentiment is as high as it has been since 2007; this can be attributed to three main areas: unemployment, consumer debt, and housing.
At 7.7 percent, as of November 2012, the unemployment rate is well below its peak, and analysts expect slow but steady increases in employment in 2013. Estimates from the National Association for Business Economics suggest that, at this time next year, the economy will be adding an average of 173,000 new jobs per month; the current average is 151,000.
A second bright spot is consumer debt. Low borrowing rates have helped consumers reduce their obligations significantly, bringing debt to its lowest level since the start of the recession.
For most people, their home is their biggest asset, so positive developments in the real estate market are especially promising. Demand for houses has risen, resulting in increased prices and leading both sellers and buyers to take action. Demand should stay high if the Federal Reserve continues its bond-buying program, which will keep mortgage rates low.
Uncertainty Abroad
Although there are signs of optimism on the home front, there are many international concerns that could spill over into our economy in 2013:
- If the euro continues to rebound, it could signal a potential end to the European debt crisis.
- It remains to be seen, however, whether or not Spain will be too proud to accept the European Central Bank’s offer to buy its bonds.
- Elections taking place in Germany and Italy in 2013 are expected to have a significant impact on the future of the eurozone as well.
- A current feud between China and Japan over ownership of several islands in the South China Sea could restrain growth in this booming region.
- The euro is not the only currency to face struggles—the yen is very weak as well.
Your Personal Financial Health
These, of course, are all macroeconomic issues that are beyond our control, and we often have to accept a degree of uncertainty and unpredictability when it comes to the financial outlook both at home and abroad. That doesn’t mean that you should leave your personal financial future to chance, however. You can always make positive adjustments to help ensure that you are better prepared for whatever the future might bring. Here are some simple suggestions:
Pay down debt. Although it’s normal to have some debt, too much can quickly become overwhelming—and debt often piles up after the holiday shopping season. Make a plan to pay off debt starting with credit cards that have the highest interest rates, and, whenever possible, pay more than the monthly minimum to pay off debt more quickly.
Increase your savings. As you pay off your debt, keep an eye to your savings as well. No matter what your goal is—maybe a vacation or an emergency fund—create a timeline and action strategy to help you get there.
Develop a budget. A budget is an extremely valuable tool for people of all income levels. Outline your monthly and yearly expenditures so you can see exactly where your money goes, as well as how much discretionary income you have left to work with.
Review your credit report. Everyone is entitled to one free report a year from each of the three major credit reporting agencies—Equifax, TransUnion, and Experian. Use a website such as annualcreditreport.com to request your reports and find out where you stand. Be sure to check for any errors or suspicious activity.
Start a college fund. Many students are now paying more than $60,000 per year for college, and this number is continuing to rise. There are many options for creating an effective college savings plan, and it is never too soon to start discussing them with your financial advisor.
Assess life changes. Even the smallest life changes can affect your financial situation. As each year passes, it is a good idea to review your insurance coverage, retirement plan, will, and estate plan to ensure that they continue to meet your needs.
Protect your identity. With the wonders of technology comes the risk of identity theft. Be sure to review monthly statements for suspicious activity, avoid using your social security number—and don’t carry your card with you—make online purchases only on secure websites (which have addresses that begin with https), and don’t open e-mails from unknown senders.
Further your financial knowledge. Your financial advisor is here to help you through any financial obstacles, but it never hurts to learn something new. There are countless websites, TV shows, and books that can help you further your knowledge.
No matter what 2013 brings, your financial advisor can help navigate your way to your goals. Please do not hesitate to contact our office with any questions you may have. Most important, best wishes for a happy and healthy New Year!
John B. Steiger is a financial consultant located at Wealth Planning Resources 460 Totten Pond Road Suite 600 Waltham, MA 02451. John offers securities as a Registered Representative of Commonwealth Financial Network®, Member FINRA/SIPC. John can be reached at 781.547.5621 or at john@financialconnector.com.
© 2012 Commonwealth Financial Network®
At Cleary, we are committed to a holistic approach of protecting and preserving our clients’ financial assets. Give us a call today at 617-723-0700 and let us know how we can help you.