Connie Bertram

Connie Bertram

Proskauer Rose LLP

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D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting...more

12/16/2014 - Construction Industry Disability Discrimination Federal Contractors General Contractors OFCCP Section 503

LGBT Rule Affecting Federal Contractors Will Become Effective April 8, 2015

Last week, the Office of Federal Contract Compliance Programs announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. The Rule implements...more

12/11/2014 - Barack Obama Discrimination Employer Mandates Executive Orders Final Rules LGBT OFCCP

OFCCP Provides New FAQs on Scheduling Letter And Compensation Data

OFCCP recently released new FAQs regarding its revised scheduling letter and compensation disclosure requirements. As reported previously, OFCCP recently revised its scheduling letter and has issued proposed rules regarding...more

12/11/2014 - Disclosure Requirements OFCCP Proposed Regulation Scheduling Letters

OFCCP Submits Proposed Regulations Regarding Sex Discrimination For Review

OFCCP recently sent proposed regulations regarding sex discrimination to the Office of Management and Budget (OMB) for review. The content of the regulations has not yet been disclosed, but OFCCP has previously stated that it...more

12/9/2014 - Employer Liability Issues Federal Contractors OFCCP OMB Proposed Regulation Sex Discrimination

DOL Issues Final Rule Implementing Executive Order 13672’s Prohibition on Discrimination Based on Sexual Orientation and Gender...

Yesterday, the Department of Labor announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. The Rule, which implements Executive Order 13672...more

12/5/2014 - Barack Obama Discrimination DOL Executive Orders Federal Contractors Final Rules Gender Identity OFCCP Sexual Orientation Discrimination Subcontractors

Eleventh Circuit Limits Scope of FCA Whistleblower Suit

Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”),...more

11/24/2014 - Appeals False Claims Act Health Care Providers Healthcare Facilities Medicaid Medicare Patient Referrals Whistleblowers

Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’...more

11/21/2014 - Appeals Dismissals False Claims Act Federal Contractors Job Applicants Retaliation Whistleblower Protection Policies Whistleblowers

DC Circuit Dismisses Appeal By Three Hospitals Challenging Subcontractor Status

On November 14, 2014, the United States Court of Appeals for the District of Columbia dismissed as moot an appeal by three hospitals affiliated with the University of Pittsburgh Medical Center. The hospitals had challenged...more

11/21/2014 - Appeals Federal Contractors HMOs Hospitals OFCCP Subcontractors TRICARE VEVRAA

Recent OFCCP FAQ Clarifies Compliance Evaluation Scheduling Letter and Itemized Listing

On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing. In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the...more

11/20/2014 - Contractor Audits Federal Contractors OFCCP Scheduling Letters

5th Circuit: Outing Whistleblower Equals Adverse Action

On November 12, 2014, in Halliburton, Inc. v. Admin. Review Bd., 5th Cir. No. 13-cv-60323, the Fifth Circuit affirmed an ARB’s decision that disclosing the identity of a whistleblower may constitute an “adverse action” under...more

11/18/2014 - Administrative Review Board Adverse Employment Action Corporate Counsel Employer Liability Issues Halliburton Litigation Hold Sarbanes-Oxley Whistleblowers

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis. In...more

11/14/2014 - Disparate Impact Employment Policies Job Promotions Law Enforcement Public Employees Title VII

OFCCP’s Recent FAQ Clarifies How Contractors May Document Invitations To Self-Identify

As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite...more

11/10/2014 - Contractors Federal Contractors OFCCP Subcontractors

DOL Extends Deadline to Comment on Proposed Equal Pay Report Rules

On Friday, October 31, 2014, the Department of Labor announced that it has extended the period to comment on its proposed “Equal Pay Report” rule. ...more

11/4/2014 - Deadlines DOL Employee Rights Equal Pay Reporting Requirements

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

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