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General Business Government Contracting Labor & Employment

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Two-Minute Warning: Preparing for a Possible Government Shutdown

In May, President Trump tweeted: the “country needs a good shutdown in September.” That prospect is now upon us. For Government contractors, the fallout from a threatened shutdown—let alone an actual one—ranges from...more

PilieroMazza Legal Advisor - Third Quarter 2017

by PilieroMazza PLLC on

In this Issue: - The All Small Mentor/Protégé Program, One Year Later: Lessons Learned and a Key Milestone - Protecting Your Employees and Confidential Information when Working with Teaming Partners -...more

Implementing A Service Contract Act Compliant Paid Leave Policy

by PilieroMazza PLLC on

Administering a paid leave policy that works for your entire workforce and is Service Contract Act compliant is challenging in and of itself. Add to this complexity, a growing number of states and localities that are passing...more

Evolutions in Whistleblowing: What Federal Contractors Need to Know

by PilieroMazza PLLC on

Last year produced major changes in the whistleblowing landscape: whistleblower protections for federal contractor employees who disclose waste, fraud, and abuse were made permanent under the National Defense Authorization...more

U.S. Government Guidance on Buy American Executive Order Could Signal Impending Headaches for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things:...more

The Canadian Free Trade Agreement – “Old Wine in New Bottles” for Labour Mobility

by Field Law on

Judging from the headlines touting the new Canadian Free Trade Agreement (“CFTA”) as “the biggest step forward in removing barriers to internal trade…in the history of Canada,” “the most ambitious free trade agreement this...more

The Buy American and Hire American Executive Order: What It Means For Supply Chain Management

by Jones Day on

In our December 2016 Commentary on the "Government Contracts Ramifications of the Trump Election" and our January 2017 update, we predicted that the Trump Administration would seek to strengthen domestic preferences in...more

PilieroMazza Legal Advisor - Second Quarter 2017

by PilieroMazza PLLC on

Special Labor and Employment Issue - This issue of the Legal Advisor is a special edition focusing entirely on Labor and Employment topics. The articles in this issue highlight challenges we often encounter and help...more

Confidentiality Agreement Rule Poses New HR-related Compliance Burden for Contractors

by Hogan Lovells on

While contractors (and their HR departments) dodged a serious bullet with Trump’s recent invalidation of the 2016 FAR blacklisting rule, they need to be alert to a new HR-related compliance requirement as a result of a rule...more

Does Your Company Need an Affirmative Action Plan?

by Nexsen Pruet, PLLC on

Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

by Bass, Berry & Sims PLC on

Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

There’s not a whole lot of new ground to cover as to why an employer or contractor would want to implement confidentiality agreements. However, forcing them on workers is a whole different story....more

AB 2532 Eliminates the Requirement that Private Employers Contracting with State and Local Agencies Verify an Individual’s Status...

by Ervin Cohen & Jessup LLP on

Effective January 1, 2017, Assembly Bill 2532 eliminates the requirement that private employers contracting with state and local government agencies to provide specified employment services verify an individual’s legal status...more

Finally! Government Contractor Blacklisting EO and Implementing Regulations Bite the Dust . . Perhaps Forever!

It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive...more

Congress Repeals Controversial Fair Pay and Safe Workplaces Regulations

by Morgan Lewis on

Final closure for federal contractors awaits the president’s signature. On March 6, 2017, the US Senate voted in favor of House Joint Resolution 37 (H.J. Res. 37), which would repeal the regulations spurred by former US...more

Vavra Decision Highlights Avenues for Potential Anti-Kickback Act Liability

On February 3, 2017, the Fifth Circuit decided US ex rel Vavra v. Kellogg Brown & Root, No. 15-41623, 2017 WL 473873 (5th Cir. 2017), determining that defendant KBR could be held vicariously liable under the enhanced penalty...more

Utah employee had no constitutional right to continued employment

by Kirton McConkie PC on

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

Effective January 19, 2017, pursuant to Federal Acquisition Regulation (FAR) clause 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, federal government contractors are prohibited...more

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

by Foley & Lardner LLP on

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more

Final FAR Rule: Employees’ Freedom to Report Fraud

There has been a debate for years about whether employers can, by agreement, prohibit their employees from “blowing the whistle” on them. The prudent view was this could be viewed by the courts as a violation of public...more

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect. The Rule prohibits the government from contracting with companies that...more

Government Contracts Legislative and Regulatory Update - January 2017

by Dentons on

Our January edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of December....more

Federal Contractors Might Be in for a Wild Ride in 2017

by Cozen O'Connor on

President Obama has signed multiple executive orders impacting federal contractors throughout his administration, and 2016 has been a particularly active year for the Office of Federal Contract Compliance Programs (OFCCP). In...more

Pay Transparency and Paid Sick Leave Obligations May Apply to 2017 Federal Contracts

by Morgan Lewis on

Contractors and subcontractors that enter into or renew federal contracts after January 1, 2017 should be mindful of requirements to provide detailed wage statements and paid sick leave to covered workers....more

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