Connie Bertram

Connie Bertram

Proskauer Rose LLP

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D.C. Prepares a Holiday “Gift” for Employers – the Wage Theft Prevention Amendment Act of 2014

Washington, D.C. Mayor Vincent Gray quietly signed an amendment to the Wage Theft Prevention Act which will likely take effect in mid-December 2014 – just in time for the holidays. ...more

10/29/2014 - Employee Rights Employer Liability Issues New Amendments New Legislation Wage Theft Prevention Act

D.C. Amends Wage Theft Prevention Act to Increase Employer Obligations and Penalties

Absent Congressional action, employers in the District of Columbia will soon face a slew of new requirements and penalties as a result of the Wage Theft Prevention Amendment Act of 2014 (the "Act"), which amends a law that...more

10/28/2014 - Employer Liability Issues Wage and Hour Wage Theft Wage Theft Prevention Act Wages

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more

10/27/2014 - Davis-Bacon Act DOL Energy Projects Federal Contractors Federal Funding Prevailing Wages Settlement Solar Energy Wage and Hour Wages

False Claims Act Does Not Protect An Employee Disclosing His Whistleblower History

On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act (“FCA”) did not protect an employee who was fired after revealing his history as a whistleblower and offering...more

10/27/2014 - Compliance False Claims Act Hiring & Firing Whistleblower Protection Policies Whistleblowers

OFCCP Issues Two New “FAQs”

The OFCCP recently added two new “FAQs” to its website to help explain contractors’ obligations under new Section 503 and VEVRAA regulations. The first addresses the information contractors must maintain related to efforts to...more

10/21/2014 - Disability Federal Contractors OFCCP Section 503 Self-Reporting VEVRAA

DOL Releases Final Rule Raising Minimum Wage For Employees Working On Covered Federal Contracts

On October 1, the Department of Labor (“DOL”) announced its final rule raising the minimum wage for employees working on covered federal government contracts from $7.25 an hour to $10.10 an hour. The final rule implements...more

10/8/2014 - DOL Employee Rights Federal Contractors Minimum Wage

OMB Approves Changes to OFCCP Scheduling Letter

The Office of Management and Budget (“OMB”) has approved changes to the current contractor scheduling letter and itemized listing used by OFCCP in compliance reviews. The new letter is expected to be released today. OFCCP...more

10/1/2014 - Compliance Federal Contractors OFCCP OMB VEVRAA Vietnam Era Veterans’ Readjustment Assistance Act

New VETS-4212 Rule Finalized – Contractors Must Report Aggregate Statistics

Changes to the VETS-100A report proposed by the Department of Labor’s Veterans’ Employment and Training Service (“VETS”) earlier this year were approved and were published in the Federal Register last week. ...more

9/30/2014 - Affirmative Action DOL Federal Contractors Veterans VETS VETS-100

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants...more

9/18/2014 - Barack Obama DOL Employer Liability Issues Executive Orders Federal Contractors Hiring & Firing OFCCP Proposed Regulation Retaliation Transparency Wages

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

9/12/2014 - Boston Scientific Corporate Counsel Counterclaims False Claims Act Former Employee Kickbacks Manufacturers Medical Devices Physicians Trade Secrets Whistleblowers

D.C. Mayor Signs "Ban the Box" Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application....more

9/4/2014 - Ban the Box Criminal Background Checks Job Applicants

Federal Court in District of Columbia Dismisses Whistleblower Claims of Former Fannie Mae Employee

On August 25, 2014, the District Court for the District of Columbia dismissed a claim brought by a former employee of Fannie Mae alleging violations of the anti-retaliation provisions of the Sarbanes-Oxley Act and the...more

9/3/2014 - Compliance Dodd-Frank Employer Liability Issues Fannie Mae Fraud Sarbanes-Oxley Termination Whistleblowers

OFCCP Issues Directive Addressing Gender Identity and Transgender Bias

Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender...more

8/25/2014 - Discrimination DOL Executive Orders Federal Contractors Final Guidance Gender Identity OFCCP Transgender

OFCCP Issues Proposed Rule Requiring Annual Compensation Disclosures

The Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule today that would require federal contractors and subcontractors to provide summary information on total W-2 compensation paid to employees by...more

8/7/2014 - EEO EEOC Federal Contractors OFCCP Subcontractors W-2

President Obama Signs Executive Order Addressing Contractors’ Employment and Labor Practices

Last week, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which imposes additional disclosure and compliance obligations on federal government contractors. The executive order will govern federal...more

8/6/2014 - Contractors Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors

Agencies Issue Final Rule on the Recovery of Contractor Whistleblower Legal Costs

On June 25, 2014, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued a final rule that establishes when government contractors and subcontractors may recover...more

7/28/2014 - Contractors DOD Federal Contractors GSA NASA Whistleblowers

President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination

As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors....more

7/23/2014 - Barack Obama Burwell v Hobby Lobby Discrimination DOL Employer Liability Issues Executive Orders Federal Contractors Federal Employees LGBT OFCCP Sexual Orientation Discrimination

Fifth Circuit: FCA Inapplicable to Claims Involving Private Funds Administered by Government-Created Programs

In United States of America ex rel Rene Shupe v. Cisco Systems, Inc. and Avnet, Inc., No. 13-40807 (5th Cir. July 7, 2014), the Fifth Circuit reversed a district court’s order denying a motion to dismiss a qui tam...more

7/14/2014 - Cisco False Claims Act Private Funds Qui Tam Telecommunications Whistleblowers

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

On June 27, 2014, the D.C. Circuit granted Kellogg Brown & Root’s (“KBR’s”) petition for a writ of mandamus and vacated a federal district court order requiring KBR to produce 89 documents related to an internal...more

7/3/2014 - Attorney-Client Privilege False Claims Act Internal Investigations Kellogg Brown & Root Upjohn Warnings Work-Product Doctrine

DOL Issues Proposed Rule to Implement Federal Contractor Minimum Wage Rate

As prior blog entries (see here and here) have explained, on February 12, 2014, President Obama signed Executive Order 13658 to increase the hourly minimum wage for employees of federal contractors and subcontractors to...more

6/20/2014 - Barack Obama Davis-Bacon Act DOL Executive Orders Federal Contractors FLSA Minimum Wage Proposed Regulation Service Contracts Wage and Hour

Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors

Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity. According to White House staff, the...more

6/17/2014 - Barack Obama Discrimination Employer Liability Issues ENDA Executive Orders Federal Contractors Gender Discrimination Hiring & Firing Obama Administration Sexual Orientation Discrimination Subcontractors

Third Circuit Adopts Less Demanding FCA Pleading Standard

Last week, the Third Circuit reversed a New Jersey district court’s decision to dismiss a False Claims Act (FCA) qui tam law suit, holding that the court applied an overly demanding pleading standard to relator Thomas...more

6/13/2014 - False Claims Act Federal Rule 12(b)(6) Motion to Dismiss Pleading Standards Qui Tam Whistleblowers

OFCCP to Publicize New Affirmative Action Requirements

Speaking to employers during a June 6 affirmative action conference, the Office of Federal Contract Compliance Programs (“OFCCP”) Director Patricia Shiu announced the agency’s plan to launch a public service announcement...more

6/13/2014 - ADA Affirmative Action OFCCP PSA Rehabilitation Act

OFCCP Announces Rulemaking Priorities

Last month, the Office of Federal Contract Compliance Programs (OFCCP) released its 2014 Spring Regulatory Agenda, identifying four new rules on which the agency is currently working. The Agenda is consistent with...more

6/11/2014 - Construction Workers Contractors Employer Liability Issues Enforcement OFCCP Sex Discrimination

DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize. The National Association of Manufacturers (NAM) and the Virginia...more

6/6/2014

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