Government Contracting, Commercial Law & Contracts, Labor & Employment Law

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 5/8/2013

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

Business Law Newsletter - May 2013

by Rachelle E. Hill, James V. Irving, Alecia Schmuhl | Bean, Kinney & Korman, PC on 5/6/2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 3/18/2013

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

No Sale -- Sales Commissions Violate Anti-Kickback Statute; Prevent Enforcement of Nonsolicitation

by Robert Wolin | BakerHostetler on 3/13/2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more

Precision Required for Government Tort Claims Act

by Peter Bauman - Senior Associate at Tharpe &... on 1/11/2013

The Government Claims Act in California establishes the manner in which negligence and tort claims must be made against the Government. [Govt. Code, Section 900 et seq.] Failure to follow the rules set forth in the statute...more

New Provisions of California's False Claims Act

by Littler on 10/8/2012

California Governor Jerry Brown recently signed into law AB 2492, amending California’s False Claims Act to better conform it to requirements of the federal False Claims Act. In addition to amending definitions of “conduct”...more

California Statutes Generally Prohibit A General Law City From Contracting With A Private Entity For Nonspecial Services

by Kronick, Moskovitz, Tiedemann & Girard on 9/26/2012

In a case involving an employees’ association’s challenge to a city’s plan to contract out for a variety of city services, a court of appeal found that as a general rule, California statutes prohibit a general law city from...more

The Davis-Bacon Corner

by Snell & Wilmer L.L.P. on 9/17/2012

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

2012 Workers Compensation Reform In California

by Peter Bauman - Senior Associate at Tharpe &... on 9/12/2012

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Hiring Long Lasting Independent Contractors

by Peter Bauman - Senior Associate at Tharpe &... on 9/3/2012

Independent contractors are not employees but their work is often vital to the success of a business. Because contractors may work off site, do work for other clients, and perform with minimal supervision, it is crucial to...more

New Hotline Cracks Down on Underground Employers

by Robert Freedman - Partner at Tharpe & Howell,... on 8/6/2012

Officials in California estimate that $7 billion in payroll tax, workers compensation insurance, and other mandates are lost every year because of underground employment practices, including employers that pay workers under...more

Labor Commission Settles Unpaid Wage Claims On Public Works Project

by Robert Freedman - Partner at Tharpe & Howell,... on 7/27/2012

Claims that an employee or contractor was not paid properly for their work often forms the subject of employment law disputes. On this blog we’ve previously discussed issues related to overtime pay and non-exempt salaries,...more

Choose wisely in classifying your independent contractors

by Peter Bauman - Senior Associate at Tharpe &... on 7/23/2012

Is a non-exclusive insurance agent an independent contractor or an employee? Insurance agents and salespeople with the discretion to determine when, how, and whether to sell a company’s products may properly be classified...more

What You Need to Know Regarding the New Maryland Income Tax Credit for Security Clearance Costs & Construction of SCIFs

by Venable LLP on 5/3/2012

The recent passage of Senate Bill 296 will create an additional incentive for investment by the Maryland business community in cleared employees and Sensitive Compartmented Information Facilities (SCIFs). Beginning in 2013,...more

Day Laborers & NC’s Lowest Responsible Bidder law (News Note)

by Melissa Dewey Brumback on 3/14/2012

Triangle Grading and Paving is a Triad-area company with multiple public contracts, 18 since 2000 from the NC Department of Transportation alone. Frequently the low bidder, Triangle Grading has a long history of performing...more

Legislative Update Report No. 2012-01

by Osler, Hoskin & Harcourt LLP on 1/17/2012

In This Article • Federal Government • Alberta • British Columbia • Manitoba • New Brunswick • Newfoundland • Northwest Territories • Nova Scotia • Nunavut • Ontario • Prince Edward Island •...more

Project Labor Agreements Are Once Again Part of the Public Bidding Process in Philadelphia

by Duane Morris LLP on 12/13/2011

On November 29, 2011, Mayor Michael Nutter signed Executive Order No. 15-11, which provides, effective immediately, that the City of Philadelphia may incorporate into its instructions to bidders, and other relevant bid...more

New York City Council Passes Outsourcing Accountability Act

by Loeb & Loeb LLP on 10/21/2011

With overwhelming support, the New York City Council recently passed a bill to increase scrutiny of the City's outsourcing practices. The Outsourcing Accountability Act amends existing law, Local Law 35 of 1994, and requires...more

Supreme Court Affirms Rights of Inventors in Stanford v. Roche

by White & Case LLP on 6/20/2011

The Supreme Court has reaffirmed the “basic principle” of patent law that patent rights vest initially in the inventor and not the inventor’s employer. In Bd. Of Trustees of the Leland Stanford Junior Univ. v. Roche Molecular...more

Supreme Court Decision: Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

by Patterson Belknap Webb & Tyler LLP on 6/15/2011

In its decision announced yesterday in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), the Supreme Court clarified the ownership of inventions resulting from...more

Employee's Compensation ACt

by Oserogho & Associates on 3/29/2011

The inadequacies in the Nigerian Workmen Compensation Act lead to its repeal and replacement with the Employee's Compensation Act. Based on existing Nigerian practices, there are some revolutionary provisions in this...more

Government Contractors Are Spared E-Verify (For Now) But Face Debarment for Hiring Illegal Immigrants

by Sheppard Mullin Richter & Hampton LLP on 5/12/2009

For the third time, the Government has agreed to delay the mandatory implementation of E-Verify for government contractors. They will not have to comply with E-Verify until June 30, 2009, when contracting officers can begin...more

New Rule Would Require Government Contractors to Use E-Verify System

by Morrison & Foerster LLP on 7/23/2008

A new proposed rule would require companies receiving new government contracts, subcontracts, or delivery orders to use the U.S. Citizenship and Immigration Services’ (“USCIS”) E-Verify system to verify that certain employees...more

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Government Contracting › Commercial Law & Contracts › Labor & Employment Law