Daniel Davis

Daniel Davis

Proskauer Rose LLP

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The Potential Impact Of The Congressional Review Act On New Employment Regulations In Light Of The Recent Election

The Obama administration has finalized a number of employment-related regulations over the past few months, including rules on overtime, worker benefits, paid sick leave for employees of federal contractors, and union...more

12/6/2016 - Congressional Review Act DOL Labor Regulations Legislative Agendas NLRB Obama Administration Presidential Elections Trump Administration

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

12/1/2016 - Anti-Retaliation Provisions Dismissals Drug Testing Imminent Harm OSHA Preliminary Injunctions Reporting Requirements Workplace Safety

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to...more

10/19/2016 - Afghanistan Anti-Retaliation Provisions Corporate Counsel False Claims Act (FCA) Fraud Government Contractors Hiring & Firing Objective Standard Protected Activity Summary Judgment Whistleblowers Wrongful Termination

Fourth Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

The Fourth Circuit recently issued a decision interpreting the anti-retaliation provision of the False Claims Act (FCA). The decision provides important clarification about how courts may interpret 2009 and 2010 amendments...more

9/13/2016 - Anti-Retaliation Provisions Competitive Bidding False Claims Act (FCA) Federal Contractors Hiring & Firing Motion to Dismiss Protected Activity USAID Whistleblowers

New OSHA Rule Requires Employers To Reevaluate Certain Workplace Policies

On May 12, 2016, the Occupational Safety & Health Administration (OSHA) published a final rule regarding reporting injuries and illnesses in the workplace and protecting employees who make those reports. The new rule expands...more

7/12/2016 - Anti-Retaliation Provisions Civil Monetary Penalty Drug Testing Employer Liability Issues Final Rules Incentives OSHA Reporting Requirements Workplace Injury Workplace Safety

OSHA Issues Final Rule Regarding Injury and Illness Reporting

Yesterday, OSHA issued its long-anticipated final rule regarding injury and illness reporting. The final rule generally requires employers to submit electronically certain injury and illness information. OSHA will place that...more

5/13/2016 - Anti-Retaliation Provisions OSHA Reporting Requirements Workplace Injury

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

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

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

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

S.D.N.Y Dismisses Former Employee’s SOX and Dodd-Frank Whistleblower Claims

The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment dismissing a plaintiff’s SOX and Dodd-Frank whistleblower claims. The court ruled that the plaintiff failed to...more

1/14/2016 - Dodd-Frank Former Employee Retaliation Sarbanes-Oxley Termination Whistleblowers

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

House Passes Veteran Preference Bill

Earlier this week, the House of Representatives unanimously approved a bill, titled the Boosting Rates of American Veteran Employment Act or “BRAVE Act.” The BRAVE Act authorizes the Department of Veterans Affairs (“VA”) to...more

5/22/2015 - Federal Contractors New Legislation Public Procurement Policies Veterans

Proskauer Participates With Head of SEC Whistleblower Program in 4/22/15 Webinar

Proskauer Partner Connie N. Bertram, co-head of the Whistleblowing & Retaliation Practice, participated in a webinar last week with Sean McKessy, Chief of the SEC’s Office of the Whistleblower. The webinar, sponsored by the...more

4/29/2015 - SEC Whistleblower Awards Whistleblower Protection Policies Whistleblowers

Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer

In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits retaliation against an employee...more

4/24/2015 - Anti-Retaliation Provisions Appeals Corporate Counsel Employer Liability Issues FLSA Internal Reporting Protected Activity

Department of State Inspector General Issues Report on Contractor Confidentiality Provisions with Employees

Monday, the Office of the Inspector General for the U.S. Department of State (OIG) issued a report on its review of the use of confidentiality agreements and policies by Department of State contractors. In preparing the...more

4/1/2015 - Confidentiality Agreements Federal Contractors OIG US Department of State

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more

1/30/2015 - Bias Birth Control Pill Discrimination Human Rights Religion Religious Discrimination Religious Schools Sexual Orientation Sexual Orientation Discrimination

Proposed Rule Would Allow Contractors’ Employees To File Whistleblower Disclosures With OSC

Last week, the U.S. Office of Special Counsel (“OSC”), an independent federal investigative and prosecutorial agency that handles claims of wrongdoing within the executive branch of the federal government, proposed revising...more

1/26/2015 - Federal Contractors Ontario Securities Commission (OSC) Proposed Regulation Whistleblowers

California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite...more

1/20/2015 - Ban the Box Construction Industry Contractors Criminal Background Checks Employer Mandates Hiring & Firing Job Applicants Popular

Syracuse “Bans the Box” for City Contractors

Effective March 22, 2015, Syracuse has “banned the box” for any person that enters into a service contract or concession agreement with the City, or otherwise supplies goods and/or services to, or on behalf of, the City. ...more

12/30/2014 - Ban the Box Contractors Criminal Background Checks Employer Mandates Hiring & Firing Job Applicants Local Ordinance

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17. The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e.,...more

12/24/2014 - Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

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

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

Supreme Court Rules Employers Not Required To Pay Employees For Time Spent In Security Screenings

Yesterday the U.S. Supreme Court ruled that the Fair Labor Standards Act did not require employers to pay employees for time spent going through a security screening and waiting in line to be screened. Justice Thomas,...more

12/10/2014 - Amazon FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

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