Daniel Davis

Daniel Davis

Proskauer Rose LLP

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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

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

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

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

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

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

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

New York Governor Cuomo Announces New Minimum Wage Policy for Thousands of Airport Workers

New York Governor Andrew Cuomo announced that employees of contractors and subcontractors at JFK and LaGuardia airports currently earning minimum wage are to receive a pay increase from $9.00 to $10.10. The policy, which also...more

8/11/2014 - Airports Contractors Employee Rights Minimum Wage Subcontractors Wages

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

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

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