Connie Bertram

Connie Bertram

Proskauer Rose LLP

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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

OFCCP Expected to Issue Pay Data Tool and Retaliation Proposed Rules Later this Year

According to the Labor Department’s semiannual regulatory agenda, released on May 23, 2014, the Office of Federal Contract Compliance Programs (OFCCP) plans to issue proposed rules regarding federal contractor compensation...more

5/29/2014 - DOL Employer Mandates Executive Orders Federal Contractors OFCCP Pay Discrimination Proposed Regulation Public Employers Retaliation Transparency

Second Circuit Dismisses $50 Million FCA Suit

Last week, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a False Claims Act (“FCA”) whistleblower suit seeking $50 million in damages from Huron Consulting Group Inc. (“Huron”) for...more

5/28/2014 - Appeals False Billing FCA Healthcare Huron Inpatient Billing Medicaid Medicare Qui Tam Whistleblowers

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

5/7/2014 - Arbitration Commercial Contracts Contractors Discrimination Employment Policies Harassment Hiring & Firing Independent Contractors Proposed Legislation Sexual Assault Title VII

First Circuit Rules on Scope of FCA First-to-File Rule in U.S. v. Bristol Myers Squibb, Inc.

The First Circuit ruled last week that an earlier-filed False Claims Act complaint will preclude a later-filed complaint if it arises out of the same underlying facts, even if the allegations are not identical. The...more

5/7/2014 - Bristol-Myers Squibb False Claims Act First-to-File Off-Label Use Pharmaceutical Relators

New York Court Strikes Down Regulations Limiting Executive Compensation and Administrative Expenses

A New York court has held that the State’s regulatory limits on executive compensation and administrative expenses for entities that receive state funds unconstitutionally exceed proper regulatory authority. The regulations,...more

5/7/2014 - Administrative Expenses Contractors Department of Health Executive Compensation Executive Orders Government Entities Non-Profits

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts....more

5/1/2014 - Class Action Defense Contracts Employment Contract Federal Acquisition Regulations Federal Contractors Raytheon Unpaid Overtime

Veterans Employment Center Announced

Last week the White House announced the implementation of an online employment tool to assist contractors, service members, veterans and their families. The Veterans Employment Center is the result of an interagency effort to...more

4/30/2014 - Reemployment Veterans

Court Recognizes Limitations on Relator’s Ability to Bring Multiple Suits in U.S. v. Cellco

A federal circuit court decision issued last week recognizes important limitations on a relator’s ability to bring multiple lawsuits against the same contractor or alleging related fraud. The U.S. Court of Appeals for the...more

4/15/2014 - First-to-File GSA Relators Verizon

President Takes Executive Action Over Pay Equity By Federal Government Contractors

Yesterday, in connection with “Equal Pay Day” ceremonies at the White House, President Obama issued an Executive Order and a Presidential Memorandum aimed at ensuring that employees of Federal government contractors and...more

4/9/2014 - Discrimination DOL Equal Pay Executive Orders Federal Contractors OFCCP

Obama Requests Increased OFCCP Funding in FY 2015 Budget

On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations. This amount represents a $3 million increase over...more

4/9/2014 - Discrimination Equal Pay Federal Contractors OFCCP Wage and Hour Wages

White House Announces Additional Executive Orders For Federal Government Contractors

President Obama is expected to sign two executive orders that will impose additional compliance obligations on federal government contractors. The first order will reportedly bar federal contractors from retaliating against...more

4/7/2014 - Executive Orders Federal Contractors Minimum Wage

DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the...more

4/7/2014 - Conflicts of Interest Contractors DOD FAR Federal Contractors GSA

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