This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part. This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
https://www.law.cornell.edu/cfr/text/29/1625.8
Are contributions to a “bona fide” employee benefit plan mandatory? Participation can be mandatory so long as prevailing wage fringe money is enough to cover the cost. In the event that the cost of the benefit is higher than the amount of fringe money available; at that point, employee participation becomes voluntary.
http://www.contractorsprevailingwage.com/faq/bona-fide-benefits/
(c) Unless the essential terms and conditions of an alleged seniority system have been communicated to the affected employees and can be shown to be applied uniformly to all of those affected, regardless of age, it will not be considered a bona fide seniority system within the meaning of the Act.
https://www.law.cornell.edu/cfr/text/29/1625.8
(d) It should be noted that seniority systems which segregate, classify, or otherwise discriminate against individuals on the basis of race, color, religion, sex, or national origin, are prohibited under title VII of the Civil Rights Act of 1964, where that Act otherwise applies.
https://www.law.cornell.edu/cfr/text/29/1625.8
Yes!”Bona fide” benefits, including those for prevailing wage, may be either contractor-financed or a joint contractor-employee contributory plan. Participation can be mandatory so long as prevailing wage fringe money is enough to cover the cost.
http://www.contractorsprevailingwage.com/faq/bona-fide-benefits/
11.6B AGE DISCRIMINATION—DEFENSES–BONA FIDE SENIORITY SYSTEM. The defendant contends that its treatment of the plaintiff was based on a bona fide seniority system. The defendant has the burden of proving each of the following elements by a preponderance of the evidence: 1. the seniority system had legitimate goals and was not designed to discriminate on the basis of age;
http://www3.ce9.uscourts.gov/jury-instructions/node/201
(b) Adoption of a purported seniority system which gives those with longer service lesser rights, and results in discharge or less favored treatment to those within the protection of the Act, may, depending upon the circumstances, be a “subterfuge to evade the purposes” of the Act.
https://www.law.cornell.edu/cfr/text/29/1625.8
The ADEA provides an affirmative defense for age discrimination undertaken as part of a bona fide seniority system. 29 U.S.C. § 623(f)(2)(A). See generally Hazen Paper Co. v. Biggins, 507 U.S. 604, 611 (1993) ([I]t is incorrect to say that a decision based on years of service is necessarily age-based[.]).
http://www3.ce9.uscourts.gov/jury-instructions/node/201
If your benefits plan does not meet the requirements per the Davis-Bacon and Related Acts, then there is a possibility that it may not meet the standards of being “bona fide.” If you are uncertain whether your plan is “bona fide”, you should seek the advice of competent legal counsel.
http://www.contractorsprevailingwage.com/faq/bona-fide-benefits/
(a) Though a seniority system may be qualified by such factors as merit, capacity, or ability, any bona fide seniority system must be based on length of service as the primary criterion for the equitable allocation of available employment opportunities and prerogatives among younger and older workers.
https://www.law.cornell.edu/cfr/text/29/1625.8
what is a bona fide seniority plan
The defendant contends that its treatment of the plaintiff was based on a bona fide seniority system. A bona fide seniority plan is the defendant contends that its treatment of the plaintiff was based on a bona fide seniority system.