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“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors

Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28,...more

“Right to Know” and Responsibility to Disclose: Government Moves Forward with Additional Obligations for Federal Contractors

On Thursday, the Department of Labor and the Federal Acquisition Regulatory (FAR) Council will issue proposed guidance and proposed regulations, respectively, regarding the implementation of the President’s Fair Pay and Safe...more

Proposed Guidance and Regulations For The Fair Pay And Safe Workplaces Executive Order Released Yesterday

Yesterday, the U.S. Department of Labor (“DOL”) issued a press release announcing the publication for notice and comment of its proposed guidance and the FAR Council’s proposed regulations regarding the Fair Pay and Safe...more

Employer Antiretaliation Liability to Employees that Blow the Whistle against Former, Unrelated employers?

Does the False Claims Act’s antiretaliation provision, 31 U.S.C. § 3730(h)(1), apply to an “employer that fire[s] an employee after discovering that the employee was a whistleblower and relator in an ongoing qui tam action...more

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

DOL Final Rule Prohibiting Discrimination against LGBT Individuals in Government Contracting Effective April 2015

On December 3, 2014, the Department of Labor (DOL) issued a final rule prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements Executive Order (EO)...more

Judge Endorses Extrapolation Techniques for False Claims Act Whistleblowers

In a lawsuit brought under the False Claims Act ("FCA") a federal district judge in Florida recently rejected a defendant's challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff's...more

More Federal Agencies Expand EEO Protection to LGBT Employees and Private Litigants Continue to File Lawsuits Based on Gender...

In my supervisor training sessions, I used to note that Title VII prohibits discrimination based on sex, with a reminder that it applies to both sexes. In recent training sessions, however, I find that section now takes a...more

Obama Administration Makes Significant Changes Requiring Revisions to Handbooks, Policies and Contracts for Federal Contractors

Federal contractors and subcontractors face significant challenges as the privilege of doing business with the federal government means more paperwork, more audits, and redrafting contract language and employment policies....more

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

One Of EEOC’s First Transgender Lawsuits Has Settled

The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic’s Director of...more

Reed Smith's Government Contracts Weekly Rundown - April 2015 #2

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

Petition Urges DOL To Target Contractual Clauses Discouraging Whistleblowing

The Government Accountability Project (GAP) and Zuckerman Law recently petitioned the U.S. Department of Labor (“DOL”) to issue rules and guidance prohibiting “de facto” gag clauses in settlement and severance agreements that...more

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On...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

New OFCCP Regulations Protecting LGBT Workers Now In Effect

As you may recall, last July, President Obama signed an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. While many large federal...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

Weekly Update Newsletter - April 2015

GOVERNMENT CONTRACTS - GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees - The General Services Administration (GSA)...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

Employment Flash - March 2015

In This Issue: - Supreme Court Rejects Sixth Circuit Yard-Man Vested Benefits Presumption - Supreme Court Revives Pregnancy Discrimination Light Duty Case - NY Wage Theft Protection Act Amended - Senate...more

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders....more

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

Labor & Employment E-Note - March 2015

In This E-Note: - Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation? - New Year’s Resolution Continued: The Multi-State Non-Compete Agreement - The Corporate Board: The False Claims...more

Congressional Hearing Highlights Concerns Over President's New Federal Contractor Reporting Requirements

Republicans and business groups continued to criticize the aggressive regulatory initiatives in President Obama's Executive Order 13673 (EO13673) at a recent House joint subcommittee meeting last month. ...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

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