Alternative Dispute Resolution (ADR) Government Contracting

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Transatlantic Trade and Investment Partnership ('TTIP') - The main points

What is TTIP? The Transatlantic Trade and Investment Partnership ('TTIP') is an ambitious trade and investment agreement currently being negotiated between the European Commission and the United States. The European...more

Incorporation Of AAA Rules “Clearly And Unmistakably” Delegates Questions Of Arbitrability To Arbitrator

In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of...more

Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case...more

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

Construction Case Law Update - January 2015

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

Seventh Commandment of Government Contracting: Thou shalt avoid hostility

For someone coming into Government contracting for the first time, one of the most difficult things to understand is the role that protests and disputes play in the Government contracting world. In the commercial sector, the...more

Executive Order Requires Disclosure of Labor Violations

Employers doing business with the federal government must now jump through additional hoops. In yet another example of the executive branch pursuing its agenda outside of the legislative process, President Obama signed...more

President Obama Issues New Executive Order on Fair Pay and Safe Workplaces

On July 31, President Obama issued an Executive Order requiring federal contractors to disclose past labor violations. The order applies to new contracts for goods and services, including construction, valued at more than...more

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

President Obama Signs Two Executive Orders Impacting Federal Contractors

Aiming to “crack down on federal contractors who put workers’ safety and hard-earned pay at risk,” on July 31, 2014, President Barack Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”), which...more

Executive Order Continues Focus on Labor Laws for Contractors

Under an Executive Order signed by President Obama on July 31, 2014, contractors and subcontractors are faced with a wave of new obligations concerning labor laws and pre-dispute arbitration agreements. The provisions of the...more

Federal Contractors May Lose Contracts Because of Labor and Employment Law Violations

And here we go again. We have noted that the National Labor Relations Board is aggressively expanding employee protections and organized labor opportunities, that the EEOC has decided to claim many common provisions of...more

OFCCP Releases Proposal Requiring Contractors to Disclose Compensation Data Annually

On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released a Notice of Proposed Rulemaking requiring federal contractors and subcontractors with 100 or more employees to submit an annual equal...more

Another Hoop For Government Contractors: The Fair Pay and Safe Workplaces Executive Order

On Thursday, July 31, 2014, President Obama signed another in a series of recent Executive Orders targeting employment practices of federal government contractors and subcontractors. Under the “Fair Pay and Safe Workplaces”...more

Executive Order Adds New Compliance Requirements for Federal Contractors

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order in an effort to crack down on federal contractors with a history of violating employee rights. Beginning in 2016, both the government’s...more

DOL Proposes Rule Requiring Federal Contractors and Subcontractors to Submit Equal Pay Reports

On April 8, 2014, President Obama issued a Memorandum, “Advancing Pay Equality Through Compensation Data Collection,” in which he instructed the U.S. Department of Labor (DOL) to propose a rule within 120 days to collect...more

"Fair Pay and Safe Workplaces" Executive Order Requires Government Contractors to Disclose Labor Violations and Restrict Use of...

On July 31, 2014, President Obama signed the "Fair Pay and Safe Workplaces" Executive Order, which imposes new requirements on federal contractors to disclose labor violations and also prohibits certain government contractors...more

Rules of the Road Change for Government Contractors

On July 31, 2014, with a stroke of his pen, President Obama promulgated new rules targeting government contractors who commit “serious,” “repeated,” “willful” and “pervasive” violations of laws regulating the workplace. The...more

A Terrible, Horrible, No Good, Very Bad Year: President Obama Targets Federal Contractors Again, This Time on Labor Law Compliance

Federal contractors must be straining their necks to see if they have an actual target on their backs. Last week, President Obama signed an executive order that requires federal contractors to disclose labor and employment...more

Executive Order Creates New Disclosure Obligations for Government Contractors: Once Implemented, the Order Will Fundamentally...

The July 31, 2014, executive order, "Fair Pay and Safe Workplaces," introduces a broad federal contractor reporting scheme that alters the relationship between prime and subcontractors, creates an obligation for contracting...more

Executive Order Requires Certain Federal Contractors to Self-Report Labor Violations; Prohibits Mandatory Arbitration of Certain...

On July 31, 2014, President Obama signed the "Fair Pay and Safe Workplaces" Executive Order ("EO"), requiring federal contractors and subcontractors bidding on contracts over $500,000 to disclose any violations that they have...more

Obama Signs Two New Executive Orders for Federal Contractors Addressing Sexual Orientation Discrimination and Disclosure of Labor...

On July 21, 2014, the President signed an executive order prohibiting federal contractors and subcontractors with contracts worth $10,000 or more from discriminating against employees on the basis of sexual orientation or...more

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

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