Connie Bertram

Connie Bertram

Proskauer Rose LLP

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Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

The Obama administration has released its Spring Agency Rule List. The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations. The agenda notes that the Obama...more

5/20/2016 - Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors Labor Law Violations Obama Administration Presidential Elections Sick Leave Sick Pay Wage and Hour

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for...more

5/13/2016 - Affirmative Action DOL FAAP Federal Contractors OFCCP OMB VEVRAA

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”). The Order,...more

5/5/2016 - Barack Obama Competitive Bidding Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors Final Rules Labor Law Violations OMB

DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract,...

The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of...more

5/2/2016 - Affordable Care Act Applicable Large Employers (ALE) Davis-Bacon Act DOL Federal Contractors Fringe Benefits Health Insurance IRS New Guidance Penalties Service Contract Act Wage and Hour

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From...

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance...more

5/2/2016 - Congressional Committees Defense Contracts Defense Sector Department of Defense (DOD) Executive Orders Fair Pay and Safe Workplaces Federal Contractors NDAA Proposed Amendments Proposed Regulation

DOL Issues Proposed Rule on Paid Sick Leave for Government Contractors

As we previously reported, the U.S. Department of Labor (“DOL”) released a proposed rule on February 25, 2016 to implement Executive Order 13706, which requires federal contractors and subcontractors to give their workers...more

3/14/2016 - Comment Period DOL Executive Orders Federal Contractors FLSA Paid Leave Sick Leave Subcontractors Wage and Hour

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics...more

3/3/2016 - Federal Contractors OFCCP Permanent Injunctions Race Discrimination Sex Discrimination Suspensions & Debarments

Department of Labor Issues Proposed Rule Implementing Executive Order Requiring Federal Contractors To Provide Employees Paid Sick...

On February 24, 2016, the U.S. Department of Labor released a proposed rule to implement President Obama’s September 7, 2015 Executive Order requiring federal contractors to provide paid sick leave to employees.  The rule is...more

2/24/2016 - Barack Obama DOL Executive Orders Federal Contractors Paid Leave Proposed Regulation Sick Leave

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry...more

2/5/2016 - Affirmative Action EEOC Federal Contractors Race Discrimination Reverse Discrimination Termination

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

On February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register With the publication, the EEOC also...more

2/3/2016 - Comment Period EEO-1 EEOC Federal Contractors OFCCP Pay Discrimination Proposed Regulation

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

On January 29, 2016, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports....more

2/2/2016 - Comment Period EEO-1 EEOC Federal Contractors OFCCP Reporting Requirements Wage and Hour

Proposed Rule Would Restrict Confidentiality Agreements Between Contractors and Their Employees

On January 22, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration proposed a new rule that would amend the Federal Acquisition Regulation to implement a section...more

2/1/2016 - Comment Period Confidentiality Agreements Corporate Counsel Federal Acquisition Regulations (FAR) Federal Contractors Fraud Abuse and Waste Notice Requirements Proposed Regulation Subcontractors

New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing...more

1/6/2016 - Anti-Discrimination Policies Executive Orders Federal Contractors Final Rules OFCCP Pay Transparency Posting Requirements

Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim

Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was...more

11/10/2015 - False Claims Act (FCA) Kickbacks Protected Activity Retaliation Whistleblowers

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more

11/2/2015 - Employee Rights Employer Liability Issues Equal Opportunities Equal Pay Family Status Discrimination Federal Contractors Final Rules Gender Discrimination Gender Identity Gender-Based Pay Discrimination OFCCP OMB Pregnancy Discrimination Reasonable Accommodation Sex Discrimination Sexual Harassment

DOL ALJ Orders Government Contractor To Produce Documents To OFCCP

On October 23, 2015, a Department of Labor (“DOL”) administrative law judge (“ALJ”) ordered a government contractor, Convergys Customer Management Group, Inc. (“Convergys”), to submit its affirmative action program along with...more

11/2/2015 - Administrative Review Board Affirmative Action Audits DOL Federal Contractors Fourth Amendment OFCCP Scheduling Letters Subpoenas

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

On September 10, 2015, the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants...more

9/11/2015 - Anti-Discrimination Policies Discrimination DOL Employee Handbooks Employee Rights Executive Orders Federal Contractors Final Rules Job Applicants OFCCP Pay Secrecy Popular Subcontractors Transparency Wage and Hour

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to...more

9/9/2015 - Accrual Requirements Anti-Retaliation Provisions Barack Obama Davis-Bacon Act DOL Employee Rights Employer Liability Issues Executive Orders Federal Contractors FLSA Medical Certification Requests Paid Leave Service Contract Act Sick Leave Subcontractors

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their...more

9/1/2015 - American Bar Association (ABA) DOL Draft Guidance Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors GSA Notice and Comment Proposed Regulation Reporting Requirements Rulemaking Process

Internal Investigation Documents Are Protected from Disclosure in False Claims Act Case, D.C. Circuit Holds

Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production...more

8/24/2015 - Attorney-Client Privilege Disclosure Discovery False Claims Act (FCA) Internal Investigations SCOTUS Whistleblowers Work Product Privilege Writ of Mandamus

BREAKING: Obama Administration Considering Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

According to a report in the New York Times, the White House is currently considering an Executive Order (“EO”) requiring federal contractors to provide paid sick leave to their employees. According to the report, the...more

8/7/2015 - Accrued Benefits Anti-Retaliation Provisions Carryover Basis Davis-Bacon Act Earned Sick Time Executive Orders Federal Contractors Obama Administration Paid Leave Sick Leave Subcontractors

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay...

On August 5, 2015, the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed...more

8/5/2015 - DOL Draft Guidance Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors Federal Register Notice and Comment Proposed Regulation Time Extensions

OFCCP Publishes New Outreach and Education Poster

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) published a new poster. According to OFCCP, the Outreach and Education poster is the result of “feedback received during stakeholder listening...more

8/4/2015 - Discrimination Employer Liability Issues Equal Pay Fair Pay and Safe Workplaces Federal Contractors OFCCP Transparency

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair...more

7/21/2015 - Comment Period DOL Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Procurement Systems New Guidance Proposed Regulation Secretary of Labor Suspensions & Debarments

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal...more

7/17/2015 - Anti-Retaliation Provisions Compensation & Benefits Compensation Agreements Confidentiality Agreements Disclosure Requirements DOL Employee Rights Employer Liability Issues Employment Contract Executive Orders Government Contractors OFCCP OMB Transparency Wage and Hour

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