The Service Contract Act (SCA) is a law created in 1965 that establishes basic provisions for people doing service work on federal lands and federal contracts.  The law specifies worker rights and protections related to fair compensation and benefits, employee notification of basic rights and prevailing wages, enforcement, and steps for workers to submit claims of violations.  This fact sheet is provided to inform forest workers of our rights under this law.


What Work is Covered by the SCA?
  The SCA applies to all service work on Federal lands.  This includes tree planting, thinning, spraying, piling, burning, wildland fire fighting, and more.  Most of this work is done on lands managed by the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM). 

Worker Protections and Provisions under the SCA
  The SCA establishes the following legal rights of forest workers:

§Minimum "prevailing wage" (differs by type of work and location)
§Fringe benefits (including paid vacation days and the provision of health benefits or a wage increase of equal value)
§Employer provision of required uniforms or safety equipment
§Safe working conditions

  It is important to keep in mind that all of these provisions are specified for each contract, and that employers are obligated to inform workers of these provisions for each individual contract.  In fact, employers must provide employees with two pieces of paper for each and every contract:

1)Form WH-151 - Rights of Workers
2)Form WH-153 - Agreement between Contractor and Worker [stating the prevailing wage and benefits]

  Employers are also required to post this information in a place where workers will see it.  One other important protection is the requirement of employers to post a bond of $10,000 with the Department of Labor (DOL).  The DOL holds this money as insurance to pay workers the wages they are due in the event that an employer fails to pay them.

Enforcement of the SCA
  The Wage & Hour Division of the U.S. Department of Labor is responsible for determining the prevailing wage and benefits for each federal contract under the SCA and the Secretary of Labor is authorized and directed to enforce the provisions of the Act.  However, though the SCA is a Federal law and it applies to work done of Federal land or contracts, complaints should be filed with State Labor departments.  In Oregon, Washington and California the State Labor offices enforce the SCA. 

  It is very important to be aware that the Labor Departments only respond to worker complaints.  There is no agency-initiated enforcement of the SCA by those authorized and directed to enforce the law.  Once they receive a complaint, however, there are specific steps the Labor departments follow

Filing a Claim of Workers’ Rights Violations
  When you call a State Labor office to file a complaint, the person who answers the phone will listen to your complaint, write it down, and give it to someone else who decides whether or not to investigate. The person who makes that decision will call you back at home a few days after you file the complaint.

  The process can be long and frustrating, but workers need to follow through with the process so that employers do not repeat the same violations against other workers.  It is very important for workers to realize that you are responsible for keeping good records of the employers you work with, the locations of the land where you work, and the number of hours you work.  The Labor offices say that most claims are not acted upon because workers have insufficient information or workers fail to follow through with the grievance process. 

  In order to help Labor Departments to enforce the SCA, workers should keep accurate records including the following information:

§Number of hours worked each day [keep regular hours separate from overtime hours]
§Locations of the units where you work [at least the name of the forest or nearest town]
§Name of the contractor or company employing you for each location.
§Type of work [planting trees, thinning, piling, fire fighting, etc.]
§Wage you should be paid [how much did your employer say you would be paid?]

Steps to Filing a Claim of SCA Violations

1. Make sure you have the necessary information ready (as much as possible from the list above)
2. Call the State Labor office for the state where your employer’s office is located.  Or call the U.S. Department of Labor
3.If it would help, call a worker organization like the AFWH and ask for our assistance. 
4.Be patient and persistent - it is likely you will receive the wages you are due.
5.Be sure to notify the Labor office if you move or change your phone number during this process.


WHO TO CONTACT

Labor Departments
Oregon and Wahkiakum and Klickitat counties in Washington: (503) 326-3057 [Portland office]
Spanish usually available in Portland, or try the Eugene field office at (541) 465-6615.

Washington outside of Wahkiakum and Klickitat counties: (206) 398-8039 [Seattle Office]

California near Sacramento: (916) 978-6123 Spanish available

California near San Francisco: (415) 744-5590 Spanish available

U.S. Department of Labor, Wage & Hour Division - [toll free] 1 (866) 487-9243 [4USWAGE]

For General Assistance & Support, call us:

Alliance of Forest Workers & Harvesters [Willow Creek, Ca] toll free (866) 850-1110

Service Contract Act (SCA)