Administrative Agency Civil Rights Government Contracting

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DOJ Pursuing Therapy Providers Under the FCA

As most recently spotlighted by the Department of Justice’s intervention in whistleblower claims against ManorCare, DOJ is increasing its enforcement of the False Claims Act (FCA) against therapy providers. In particular, DOJ...more

OFCCP Clarifies Invitation to Self-Identify and Protected Veterans Reporting Requirements – New VETS-4212 Form

The Department of Labor’s Veterans’ Employment and Training Service (VETS) has issued its Final Rule revising its regulations implementing reporting requirements under the Vietnam-Era Veterans Readjustment Assistance Act of...more

SEC Message to Government Contractors: Don't Limit Whistleblowing

On April 1, the Securities and Exchange Commission (“SEC”) settled its first enforcement action against a company for violating whistleblower protections by including restrictive language in confidentiality agreements used in...more

Reed Smith's Government Contracts Weekly Rundown - April 2015

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week....more

SEC Enforcement Action Puts Publicly-Traded Contractors’ Internal Investigation Policies in the Crosshairs

KBR, Inc., has agreed to pay a civil money penalty of $130,000 to settle allegations by the Securities and Exchange Commission that KBR violated the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, the...more

Weekly Update Newsletter - March 2015

GOVERNMENT CONTRACTS - GSA Issues Notice of Public Meeting and Request for Comment on Proposed Rule to Amend GSAR Transactional Data Reporting - The General Services Administration (GSA) issued a notice of...more

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with...more

Final Anti-Human Trafficking FAR and DFARS Rules Create Significant New Supply Chain Burdens and Liabilities for Government...

On January 29, 2015, the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA) and the General Services Administration (GSA) published the final anti-human trafficking rule amending the current...more

DOJ Says Gender Identity Discrimination Violates Title VII

Over the past several months, EmployNews reported a growing trend of claims alleging that discrimination on the basis of sexual orientation and transgendered status violates Title VII if the alleged conduct involves gender...more

Déjà Vu All Over Again?

As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more

Victory in House of Representatives for Improvements to WOSB Federal Contract Program

On May 7, 2014, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2014-01, instituting a five-year moratorium on the OFCCP enforcement over TRICARE subcontractors. The moratorium applies to health...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer...more

OFCCP’s New FAAP Directive Offers Alternatives (With Permission!)

Effective December 17, 2012, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Functional Affirmative Action Program (FAAP) Directive Number 305. The new directive outlines the application and approval...more

OFCCP Updates Process For Approval Of Functional AAPs, And It's Less Burdensome For Contractors

The Office of Federal Contract Compliance Programs has quietly released an updated Directive of its approval process for developing Functional Affirmative Action Plans. Although the changes are not major, the good news is...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

Obama's Mark on Employment Law - What do Employers Have to Look "Forward" To in the Next Four Years?

Now that the frenzy of the election has died down, Florida has counted its votes, and the major media outlets have moved on from dissecting party rhetoric, the question remains: What does Obama's reelection mean for the...more

OFCCP Sends “Heads-Up” Letters for Audits to Contractors

The Office of Federal Contract Compliance Programs (OFCCP) has begun sending Corporate Scheduling Announcement Letters (CSALs) to federal contractors, giving them a “heads-up” warning of a possible compliance review or audit...more

Labor Letter - November 2012

In This Issue: - Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia): Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers...more

DOL Administrative Review Board Rejects OFCCP’s Attempt to Ensnare Health Care Providers

The U.S. Department of Labor’s Administrative Review Board has rejected the attempt by the Office of Federal Contract Compliance Programs (OFCCP) to subject health care providers to federal affirmative action requirements....more

OFCCP Lacks Jurisdiction Over Florida Hospital Participating in TRICARE

The Office of Federal Contract Compliance Programs (OFCCP) lacks jurisdiction over a hospital that is a TRICARE health services provider in light of the National Defense Authorization Act (NDAA), the Department of Labor’s...more

ARB Rejects OFCCP's Claim of Jurisdiction based on Florida Hospital's TRICARE Participation

For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more...more

Section 342 of Dodd-Frank Intersects With Employment Law

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) celebrated its two-year anniversary this past July. At that time, the Act drew much attention from the media and political pundits because of its...more

New Jersey Governor Takes Action on "Gender Pay Parity" Bills

Executive Summary: On Friday, September 21, 2012, New Jersey Governor Chris Christie signed into law a "Gender Pay Parity" bill that imposes a new notice posting requirement on covered employers. The governor rejected a...more

Want a Federal Government Contract? Now You Must Join the Fight Against Human Trafficking

On September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting. Among other requirements, the Executive Order requires...more

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