Connie Bertram

Connie Bertram

Proskauer Rose LLP

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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

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory. The goal of the Directory is to assist contractors in locating community and other...more

4/7/2014 - Disability Federal Contractors OFCCP Veterans

OFCCP Launches New Database to Help Contractors Identify Candidates with Disabilities and Protected Veterans and Facilitate...

On March 13, 2014, the Office of Federal Contract Compliance Programs (OFCCP) launched a new database (1) to help contractors find qualified workers with disabilities and veterans, and (2) to assist contractors in...more

3/24/2014 - Affirmative Action Disability Federal Contractors OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Treasury Adopts Final Rule Addressing Contractor Affirmative Action Under Section 342 of Dodd-Frank

Section 342 of the Dodd-Frank Act requires specified federal agencies and departments, including the Treasury Department, to ensure fair inclusion and utilization of minorities, women, and minority-owned and women-owned...more

3/24/2014 - Affirmative Action Dodd-Frank Federal Contractors OFCCP U.S. Treasury

The New Veterans and Disability Regulations Go Into Effect on March 24: Are You Ready?

Many contractors have been preparing for the past several months for the first group of compliance obligations imposed by the Final Rules adopted by OFCCP in August 2013. In five short days, the first set of obligations will...more

3/20/2014 - Affirmative Action Disability Federal Contractors Hiring & Firing OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Federal Court Ruling Raises Questions About Privileged Nature Of Certain Internal Investigations

On March 6, 2013, the United States District Court for the District of Columbia ruled that Kellogg Brown & Root Services, Inc. (“KBR”) must produce to a qui tam relator 89 documents relating to internal investigations...more

3/19/2014 - Attorney-Client Privilege Corporate Counsel Discovery FCA Internal Investigations Qui Tam Whistleblowers Work Product Privilege

D.C. Expands Paid Sick Leave Law

Last week, an amendment to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (the "ASSLA") came into effect. The amendment, called the Earned Sick and Safe Leave Amendment Act of 2013 (the "Amendment"),...more

3/17/2014 - Employee Rights Paid Leave Sick Leave

Eastern District of Virginia Finds False Claim Allegations Too Speculative

A Virginia federal judge recently dismissed a retaliation complaint under the False Claims Act because the plaintiff’s allegations of a false claim against the government were too speculative. In Carlson v. DynCorp...more

3/12/2014 - Anti-Retaliation Provisions False Billing False Claims Act Retaliation USAID

Congress To Hold Hearing On OFCCP Jurisdiction

On Thursday March 13, 2014 at 10:00 a.m., the Subcommittee on Workforce Protections will hold a hearing on the Protecting Health Care Providers from Increased Administrative Burdens Act (H.R. 3633). H.R. 3633 is a response by...more

3/12/2014 - DOL Healthcare Jurisdiction OFCCP

Government Recommends Supreme Court NOT Hear Takeda Case

The U.S. Solicitor General has asked the Supreme Court not to hear an appeal in a False Claims Act (“FCA”) case against Takeda North America Pharmaceuticals, Inc. The Fourth Circuit had dismissed the case because the...more

3/12/2014 - FCA Pharmaceutical Qui Tam SCOTUS Takeda Pharmaceuticals

U.S. Supreme Court Extends SOX's Whistleblower Protection To Employees of Publicly Traded Company's Contractors

On March 4, 2014, the United States Supreme Court decided Lawson v. FMR LLC, holding that SOX's whistleblower protection extends to employees of a publicly traded company's contractors and subcontractors. Lawson v. FMR LLC,...more

3/7/2014 - Contractors Fidelity Investments FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

U.S. Supreme Court Extends SOX’s Whistleblower Protection To Employees of Publicly Traded Company’s Contractors

On March 4, 2014, the United States Supreme Court in Lawson v. FMR LLC held that SOX’s whistleblower protection extends to employees of a publicly traded company’s contractors and subcontractors. Lawson v. FMR LLC, 572 U.S....more

3/5/2014 - Contractors Employee Definition Fidelity Investments FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Securities Exchange Act Subcontractors Whistleblowers

OSHA Issues New Whistleblower Rule Under Food Safety Modernization Act

The Occupational Safety and Health Administration (OSHA) has published an interim final rule implementing the whistleblower provision of the Food Safety Modernization Act (FSMA or the “Act”). The interim final rule became...more

2/28/2014 - FSMA OSHA Whistleblower Protection Policies Whistleblowers

President Obama Issues Executive Order Increasing Minimum Wage For Federal Contractor Employees

Yesterday, President Obama issued an Executive Order to increase the minimum wage for employees of federal contractors and subcontractors to $10.10 an hour. President Obama announced the Order at his State of the Union...more

2/13/2014 - Barack Obama Executive Orders Federal Contractors Minimum Wage

Department of Defense and General Services Administration Make Cybersecurity Recommendations for Contractors

On January 23, 2014, the Department of Defense and General Services Administration issued a final report making recommendations for the development of cybersecurity standards in the acquisition and contracting process. The...more

2/10/2014 - Cybersecurity DOD Federal Contractors GSA

OFCCP Seeks Comments On Discrimination Complaint Form

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation. An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP. The...more

2/10/2014 - Complaint Procedures Discrimination OFCCP Public Comment

OFCCP Has Issued Announcement Letters

OFCCP has issued the most recent set of Corporate Scheduling Announcement Letters (CSALs). A CSAL provides notice to an establishment that OFCCP has selected it for a compliance evaluation. OFCCP has announced that, rather...more

2/10/2014 - CSALs OFCCP

President Obama Expected To Increase Minimum Wage For Federal Contractor Employees

President Obama is expected to announce at his State of the Union address that he will issue an executive order to increase the minimum wage for employees of federal contractors to $10.10 an hour. The anticipated...more

1/28/2014 - Barack Obama Federal Contractors Minimum Wage State of the Union

OMB Approves Section 503 Voluntary Self-Identification Form

On January 22, 2014, after several months of review, the Office of Management and Budget (“OMB”) finally approved the voluntary self-identification form required by the Section 503 Final Rule that becomes effective on March...more

1/27/2014 - Compliance Contractors Disability Federal Contractors OFCCP OMB Voluntary Disclosure

OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules

On December 17, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published additional Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment...more

12/17/2013 - OFCCP Rehabilitation Act Vietnam Era Veterans’ Readjustment Assistance Act

Navigating Post-Shutdown Employment Law Issues For Government Contractors

After more than two weeks, the federal government shutdown finally ended late in the evening on October 16, 2013. Although the end of the shutdown is great news for federal employees and government contractors, the last three...more

10/18/2013 - COBRA Contractors E-Verify FLSA Furloughs Government Shutdown OFCCP USCIS WARN Act

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