FAR 22.1019—Additional classes of service employees.
Plain-English Summary
FAR 22.1019 explains how to handle service employee job classes that are missing from a wage determination under the Service Contract Labor Standards clause at 52.222-41. It covers the conformance process for adding an unlisted class, the requirement that the contractor classify the work using a reasonable relationship to listed classes, and the need to submit SF 1444 before the unlisted employees perform contract work. It also describes the contracting officer’s duty to review the proposed classification and rate, forward the package to the Wage and Hour Division with the employees’ or their representative’s views and the agency recommendation, and wait for the Division’s approval, modification, disapproval, or final determination. The section further addresses special limits on conforming lower levels within listed job families, prohibits conforming trainee classifications, explains when helpers in skilled maintenance trades may or may not be conformed, and bars using conformance to artificially split or subdivide listed classifications. Finally, it confirms that subminimum rates for apprentices, student learners, and disabled workers are allowed only as provided in the clause. In practice, this section ensures workers are paid properly for work not already covered by the wage determination, while preventing misuse of conformance to evade prevailing wage obligations.
Key Rules
Conform unlisted classes
If the contracting officer knows the contract will use service employee classes not shown in the wage determination, those classes must be conformed to a listed classification with a reasonable skill-level relationship. The contractor must start the process before the unlisted employees perform any contract work.
Use SF 1444
The contractor must submit Standard Form 1444, Request for Authorization of Additional Classification and Rate, to request the new class and rate. The contracting officer must review the proposal and promptly forward the completed form and supporting information to the Wage and Hour Division.
Include employee views
The SF 1444 submission must identify whether the employees’ representative or the employees themselves agree or disagree with the proposed classification and rate. The contracting officer must also include the agency’s recommendation and any other relevant information.
Wage and Hour decision timeline
The Wage and Hour Division must act within 30 days of receiving the request by approving, modifying, or disapproving it when the parties agree, or by issuing a final determination if there is disagreement. If more time is needed, the Division must notify the contracting officer within 30 days.
No lower-level conformance
When a wage determination lists a job family with levels, such as level I, II, and III, level I is generally the lowest and entry level. A lower level cannot be created through conformance, and trainee classifications may not be conformed.
Helpers and listed jobs limits
Helpers in skilled maintenance trades may be used only if they are listed on the wage determination and their duties are truly separate and distinct jobs. Conformance cannot be used to artificially split or subdivide classifications already listed in the wage determination.
Use only for out-of-scope work
Conformance is allowed when the employee’s actual contract work is not covered by any classification listed in the wage determination, regardless of the job title used by the contractor. The rule points to 29 CFR 4.152 for the governing standard.
Subminimum rates allowed only by clause
Subminimum rates for apprentices, student learners, and disabled workers are permissible only in accordance with paragraph (q) of the Service Contract Labor Standards clause at 52.222-41.
Responsibilities
Contracting Officer
Identify when the contract will require unlisted service employee classes, require the contractor to conform those classes, review the proposed classification and rate, and promptly submit SF 1444 with all required supporting information, employee/representative views, and the agency recommendation to the Wage and Hour Division.
Contractor
Before unlisted employees perform contract work, initiate the conformance process, prepare and submit SF 1444, and propose a classification and rate that bear a reasonable relationship to listed classifications.
Employees or Employees’ Representative
Provide agreement or disagreement with the proposed classification and rate for inclusion on SF 1444, so the Wage and Hour Division can consider the parties’ positions.
Wage and Hour Division
Review the request and, within 30 days, approve, modify, or disapprove it when the parties agree, or issue a final determination when there is disagreement; if more time is needed, notify the contracting officer within 30 days.
Agency
Provide a recommendation through the contracting officer and any pertinent information needed to support the conformance request and wage-rate determination.
Practical Implications
Contractors should not let employees start work in an unlisted class until the conformance request is underway; doing so creates compliance risk and potential back wage exposure.
The proposed rate must be tied to a real comparison with listed classes, not just a convenient or lower-cost label for the work.
If the wage determination already lists a job family with levels, contractors cannot use conformance to create a new lower rung or to re-label entry-level work as something below level I.
Conformance is not a tool for reclassifying work that already fits an existing listed classification, and it cannot be used to split one listed job into smaller pieces to reduce pay.
Careful documentation matters: missing employee input, missing agency recommendation, or incomplete SF 1444 submissions can delay approval and disrupt performance planning.
Official Regulatory Text
(a) If the contracting officer is aware that contract performance involves classes of service employees not included in the wage determination, the contracting officer shall require the contractor to classify the unlisted classes so as to provide a reasonable relationship ( i.e., appropriate level of skill comparison) between the unlisted classifications and the classifications listed in the determination (see paragraph (c) of the clause at 52.222-41 , Service Contract Labor Standards). The contractor shall initiate the conforming procedure before unlisted classes of employees perform contract work. The contractor shall submit Standard Form (SF) 1444 , Request For Authorization of Additional Classification and Rate. The contracting officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ representative or the employees themselves together with the agency recommendation) and all other pertinent information to the Wage and Hour Division. Within 30 days of receipt of the request, the Wage and Hour Division will (1) approve, modify, or disapprove the request when the parties are in agreement or (2) render a final determination in the event of disagreement among the parties. If the Wage and Hour Division will require more than 30 days to take action, it will notify the contracting officer within 30 days of receipt of the request that additional time is necessary. (b) Some wage determinations will list a series of classes within a job classification family, for example, Computer Operators, level I, II, and III, or Electronic Technicians, level I, II, and III, or Clerk Typist, level I and II. Generally, level I is the lowest level. It is the entry level, and establishment of a lower level through conformance is not permissible. Further, trainee classifications may not be conformed. Helpers in skilled maintenance trades (for example, electricians, machinists, and automobile mechanics) whose duties constitute, in fact, separate and distinct jobs may also be used if listed on the wage determination, but may not be conformed. Conformance may not be used to artificially split or subdivide classifications listed in the wage determination. However, conforming procedures may be used if the work which an employee performs under the contract is not within the scope of any classification listed on the wage determination, regardless of job title. (See 29 CFR 4.152 .) (c) Subminimum rates for apprentices, student learners, and disabled workers are permissible in accordance with paragraph (q) of the clause at 52.222-41 , Service Contract Labor Standards.