Reporting Employee and Contractor Misconduct

Reporting Employee and Contractor Misconduct

From: Employment and Social Development Canada. The following questions and answers will be of interest to employers and employees working in the federal jurisdiction. Publication 1 – Summary describes the types of businesses covered by the Code. Request other formats online or call 1 O-Canada If you use a teletypewriter TTY , call What notice or payment in lieu of notice must be given to an employee whose employment is being terminated? An employer must provide an employee with at least two weeks written notice of their intention to terminate the employment of an employee. In lieu of written notice, the employer must pay two weeks wages at the regular rate to the employee.

For Employees

If you have never worked for the Federal Government, it is important that you take a few minutes and read this information. If you have worked for the Federal Government and have been away for a while or are a current Federal employee, you should also review this information because a number of rules and procedures have changed. A word of advice – there are many things you will learn throughout your employment in the Federal workforce.

Pay close attention, save all your paperwork, learn where to go and get answers, and never assume anything is the same from day to day. Please keep this booklet as a handy reference. You work 9 hours a day for 8 days and 8 hours on one day with one day off per pay period.

If you are enrolled as a Federal contractor with FAR. E-Verify Clause and you are verifying an existing employee, the hire date can be found on the employee’s.

The links contained in this Desk Reference will redirect you to these documents, and – when this is the case – annotations have been made in the Desk Reference Text. Except for the provisions of 18 U. The degree to which those provisions apply depends upon the type of employee. The full measure of ethics statutes and regulations apply to all Federal employees other than Special Government Employees see 3, below. For purposes of this guide, this applies only to the prohibitions in 18 U.

SGE s are subject to the same ethical restrictions imposed upon other Federal employees with the following exceptions :. SGE s serving on advisory boards may seek a specific waiver, under 18 U. This statute does not apply to those SGE s who are not compensated for their services. Restrictions on serving as an expert witness apply only if:.

The SGE is appointed by the President, serves on statutory commissions, or expects to serve more than 60 days AND the employing agency is a party or has a direct and substantial interest in the matter. SGE s may receive compensation for teaching, speaking, and writing about agency policies, programs, and operations, so long as they were not assigned to those matters during the previous year. Conflict of Interest Statutes 18 U. Penalties cited in 18 U.

Thank you!

It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations. Rather the Contractor’s personnel will act and exercise personal judgment and discretion on behalf of the Contractor. Environmental Protection Agency under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

This contract does not create an employer-employee relationship.

addressing discipline for employee misconduct in the federal reasons for the suspension on or before the effective date of the action

Welcome Guest! Our agency has no official prohibition on employee dating, but has said there would be instances where it would be ill-advised. Or is it something managable, where the work performed by the contractor for the FTE is reassigned to another contractor? Dating is never the problem, the breakup always is. Best advice I ever got was to never keep your honey with your money. Cinderella is living proof a new pair of shoes really CAN change a girl’s life!

While it might not be illegal, unethical, or even ‘ill-advised’ You might not get burned, then again you might if you play long enough. Leave it alone. Keep in touch. Nothing personal here but I am continually amazed by human nature and the desire for ‘forbidden fruit’. Out of the tens of millions of single people who are available to date You cannot post new topics in this forum. You cannot reply to topics in this forum.

Telework during a coronavirus outbreak? Not usually an option for classified federal workers

Section menu. In addition, employees must strive to avoid any action that would create the appearance that they are violating the law or ethical standards. While procedures vary, waivers must be issued before the employee engages in the otherwise prohibited activities. Waivers further must be based on a full disclosure by the employee of the relevant facts and must be in writing.

What You Need to Know as a Federal Employee Involved in the Procurement Outside Employment with a Contractor. 10 involving a person you are dating.

Mary Stanton. What happened to the right of privacy? Where did you think either of us would meet somebody? We’re always here! The hospital doesn’t pay me enough to do this, I thought. As personnel director, I’d signed on to do training, oversee benefits and administer labor contracts–not talk to staff members about potential violations of our new anti-fraternization policy. And James and Jane not their real names clearly weren’t interested in having their social lives investigated, either.

High-profile romances, including those in the Oval Office, have focused national attention on issues of sex and privacy in the workplace. President Clinton first responded to allegations of an affair with Monica Lewinsky with indignant denials. Even after he admitted to a relationship that was “not appropriate” and “wrong,” Clinton insisted that the whole affair was a private matter between him and his family.

When does a federal employee’s private romance become his or her employer’s business? An individual’s privacy is protected by various laws and regulations, but as agencies, like private companies, find themselves paying huge settlements for sexual harassment and sex discrimination claims some as a direct result of office romances gone sour , they believe they have a right to establish rules and regulations about office relationships.

But experience is showing that such rules are all but impossible to enforce. Office romance is not sexual harassment.

Part 3 – Improper Business Practices and Personal Conflicts of Interest

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity.

Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights. After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision’s effects on unit employees.

It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions.

Solicitation or acceptance of a bribe by a Federal employee is one of the most consultant, contractor or employee; (4) any person for whom the employee has, the U.S. Office of Government Ethics with an effective date of February 3,

Federal government websites often end in. The site is secure. Revised July PDF. This fact sheet provides general information concerning the meaning of “employment relationship” and the significance of that determination in applying provisions of the FLSA. An employment relationship under the FLSA must be distinguished from a strictly contractual one. Such a relationship must exist for any provision of the FLSA to apply to any person engaged in work which may otherwise be subject to the Act.

In the application of the FLSA an employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. The employer-employee relationship under the FLSA is tested by “economic reality” rather than “technical concepts. The U. Supreme Court has on a number of occasions indicated that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA.

The Court has held that it is the total activity or situation which controls. Among the factors which the Court has considered significant are:. There are certain factors which are immaterial in determining whether there is an employment relationship.

Government contract defines working relationship with contractors

During a compliance review by the Office of Federal Contract Compliance Programs OFCCP , the agency may request, through a supplemental data request, that the company submit proof that all required postings are properly displayed on company bulletin boards. During an onsite investigation, OFCCP will also ask to view all company bulletin boards to ensure posters are correctly displayed.

Failure to display required posters can lead to OFCCP concluding there is a violation of the regulations.

The E-Verify Federal Contractor Rule only affects Federal contractors who were to include the FAR E-Verify clause after the effective date of the rule. employees, and exemption and exceptions for federal contractors who.

At the time, however, many questions remained concerning what constituted a government-approved facility and how often agencies would use their discretion to modify contracts for purposes of the reimbursement. In recent guidance including a deviation issued by the Department of Defense , the DOD and the Office of the Director of National Intelligence attempted to answer some of these questions.

DOD Guidance and Deviation. The DOD memo introduces the clause and provides guidance concerning its use. The memo cautions, however, that contracting officers must also be good stewards of taxpayer funds and must ensure that contractors do not receive duplicate payments from compensation from other CARES Act provisions or other COVID relief scenarios, including tax credits, as well as reimbursement under In this regard, the memo states that small businesses receiving relief under the Paycheck Protection Program to pay its employees should not also seek reimbursement for the same costs under Section The cost principle makes the costs of paid leave including sick leave allowable at the contract rates up to 40 hours per week and states that they may be direct charges so long as they were incurred to keep contractor employees and subcontractor employees in a ready state.

Costs will be allowable for paid leave taken during the period of the public health emergency declaration on January 31, , through September 30, Notably, this is different from the position ODNI takes in its guidance. ODNI Guidance.

What’s on Your Bulletin Board? Federal Contractor and Subcontractor Posting Requirements

FAR Smart Matrix. Chapter 99 CAS. DOD Deviations.

When does a federal employee’s private romance become his or her no governmentwide policy limiting the rights of employees to date each.

All rights reserved. This website is not intended for users located within the European Economic Area. Best listening experience is on Chrome, Firefox or Safari. Though many agencies have explained how their employees will continue mission-critical work during a potential COVID outbreak, the classified federal workforce has far fewer options.

But for federal employees and contractors who perform classified work for their agencies, telework may not be an option for COVID, the illness caused by the current strain of the coronavirus. Insight by CyberArk and Merlin: Federal technology experts examine strategies for managed remote access in this exclusive executive briefing. Closing large, classified federal facilities may idle agency employees and contractors. The Director of National Intelligence, who serves as the security executive agent for all of government, should issue guidance explaining how agencies with classified workforces can and should prepare, INSA said.

Conflicts of Interest: What are They and How to Avoid Them

The order instituted a day hiring freeze for United States federal employees, after which it was to be replaced by a long-term workforce reduction plan to be developed by the Office of Personnel Management. The hiring freeze follows similar measures instituted by Jimmy Carter and Ronald Reagan. In , the Government Accounting Office issued a report on the impact of these freezes and found they had “little effect on Federal employment levels” and “disrupted agency operations, and in some cases, increased costs to the Government.

In December , President Obama issued Executive Order [6] carrying out a two-year federal employee pay freeze.

of the relationship with the outside entity, the date(s) personal services were contractors and other non-Government employees working for the Federal.

They may also develop hygiene and social distancing training programs based on CDC guidance but tailored to specific employee work environments. Such coordination will ensure plans are aligned with current national guidelines, and agencies have sufficient resources and workforce planning in place to execute. In addition, to the extent possible, employers are encouraged to consider telework options for employees with vulnerable household members, until their state or region has entered Phase 3 in accordance with the Guidelines for Opening Up America Again.

For agencies, components, or duty locations in regions or states that remain in the Gating period or Phase 1, a combination of maximized telework and flexible work schedules FWS should be used to improve social distancing between employees. Agencies may expand the types of FWS that are available to employees, as different types of schedules provide different degrees of flexibility.

Telework and FWS can also provide agencies significant flexibility to assist employees attempting to meet other responsibilities, such as caregiving. As conditions change, agency heads should revisit telework policies and agreements in order to continue progression toward normal operations or to address changing conditions while retaining the flexibility needed during the response. Agency heads have full flexibility as they do under normal operating conditions , to calibrate the extent of their telework, in accordance with current law, regulation and any applicable collective bargaining agreement.

For example, see 5 U. Agencies are encouraged to review the full spectrum of available workplace flexibilities, including telework and FWS, to support employees with children and other dependent care obligations. By following the approach to reopening the country reflected in the Guidelines for Opening Up America Again , taking into account phase determinations made by State governments, and continuing to use available and appropriate workforce flexibilities, agencies can fulfill their missions while protecting the health and safety of employees.

Agency management should never dismiss the health concerns of employees.

Working for the Federal Government, What Every Employee Should Know

Anti-Lobbying Act 18 U. Section , prohibits the use of appropriated funds, directly or indirectly, to pay any personal service, advertisement, telegram, telephone, letter, printed or written matter or other device intended to influence a member of Congress. Appearance of Conflict-of-Interest A situation in which it could reasonably be concluded that an employee’s private interest is in conflict with the employee’s Government duties and responsibilities, even though there may not actually be such a conflict.

The individual provides administrative oversight of activities that occur under the agreement and provides technical interactions on behalf of the Agency.

The Office of Management and Budget (OMB) and several federal agencies have Reimbursement is available only to contractors whose employees or The statute does not specify the starting date for reimbursement.

These individuals will need to abide by a series of laws and regulations in their business transactions and interactions. The rules they must follow can be both federal and state-level directives. The contractor is, by definition, independent, and not an employee of the hiring company. A perfect example of an independent contractor is a cleaning service.

The service comes into your office to do work, but the cleaning service workers are not employees of your company. Contractors may be paid by the hour or by the project, depending on the type of work done. The contractor is not an employee of the company and receives no employment benefits. The hiring company also does not withhold income taxes and employment taxes from the independent contractor. The IRS requires that workers be properly classified as either employees or independent contractors.

It sets up factors for auditors to review when considering the status of a worker: behavioral controls, financial controls, and the nature of the relationship. The IRS assumes that a worker is an employee unless it can be proven that the worker is an independent contractor. The IRS allows either the worker or the hiring company to apply for a determination on the status of a worker or workers as independent contractor or employee:.

Thus, independent contractor relationships are not subject to FLSA provisions for minimum wage, overtime, youth employment, and record keeping.

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