Government Contracting Labor & Employment

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Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

EEOC Seeks More Pay Data

Most private employers with 100 or more employees, and certain federal government contractors with 50 or more employees, are required to annually submit “The Employer Information Report” (known as the EEO-1) to the Equal...more

EEOC Proposes to Collect Pay Data from Certain Employers

The Equal Employment Opportunity Commission (“EEOC”) recently proposed a revision to the Employer Information Report (“EEO-1”) that would require certain employers to submit aggregate data on employee pay and hours...more

Federal Court Rejects Hospitals’ Challenge to Medicare Wage Rule 

In a decision with far-reaching implications within the health care industry, on February 22, 2016, a federal judge rejected a challenge to how Medicare reimbursement is adjusted based on local labor costs, dismissing...more

Weekly Update Newsletter - April 2016 #2

DEPARTMENT OF LABOR - Procedures for Handling Retaliation Complaints - This rule establishes the final procedures and time frames for the handling of retaliation or whistleblower complaints under FDA Food Safety...more

What’s Next at the NLRB? Ask the General Counsel!

On March 22, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin released Memorandum GC 16-01, entitled "Mandatory Submissions to the Division of Advice." The memorandum instructs the Board's regional...more

Supreme Court Seeks Meaning in Falsity and Fraud in the False Claims Act

Oral arguments were heard Tuesday, April 19th by the U.S. Supreme Court in one of the most significant False Claims Act (FCA) cases the Court has dealt with in decades on an issue with very real impact on whistleblower suits...more

Seyfarth Submits Comments to U.S. DOL Regarding Proposed Regulations Establishing Paid Sick Leave for Federal Contractors

Seyfarth Shaw submitted comments on behalf of the Firm and its clients responding to the U.S. Department of Labor’s proposed regulations seeking to require certain parties that contract with the Federal Government to provide...more

Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors

Labor & Employment - General Obligations - - Prime is on the hook - Flow down all obligations to the subcontractor - Comply with all applicable labor laws - FLSA, SCA, DBA, OFCCP -...more

Louisiana Governor Institutes Sexual Orientation and Transgender Protections for State Workers and Contractors

On April 13, 2016, Louisiana Governor John Bel Edwards signed Executive Order No. JBE 2016-11 prohibiting discrimination or harassment by Louisiana state agencies against individuals based on their sexual orientation or...more

Equal Pay Day 2016:  Where Are We 20 Years Later?

April 12 2016 marked the twentieth anniversary of “Equal Pay Day,” which the National Committee on Pay Equity launched as a public awareness event in 1996 to symbolize how far into the year women must work to earn what men...more

Louisiana Governor Signs LGBT Discrimination Executive Order in Public Employment and Services

On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual...more

The Department of Labor Issues Proposed Regulations Implementing Paid Sick Leave for Federal Contractors

On February 25, 2016, the Department of Labor (DOL) announced its proposed regulations to implement Executive Order (EO) 13706, establishing paid sick leave for federal contractors. The proposed regulations describe the...more

Governor Wolf Signs Executive Orders Protecting LGBT State Employees and Contractors from Discrimination

Pennsylvania government employees and contractors are now protected from discrimination based on their sexual orientation, gender expression, and gender identity....more

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

Behind the scenes a quiet war is raging. A war pitting local sovereignty, on one hand, against a Depression-era law intended to help those working on state and local public works projects, on the other....more

U.S. Women’s Soccer Scores Visibility for Pay Discrimination

As our readers may have heard, the star members of the U.S. women’s soccer team filed a wage discrimination complaint against the U.S. Soccer Federation (USSF) with the Equal Employment Opportunity Commission (EEOC). In the...more

Three Steps to Prepare for the Labor Department’s Proposed Rule on Paid Sick Leave

The U.S. Department of Labor (DOL) released a proposed rule that requires federal contractors and subcontractors to provide workers with seven days of paid sick leave on an annual basis. The proposed rule, released on Feb....more

"Supreme Court Permits Use of Statistical 'Representational Evidence': Implications for the FCA"

On March 22, 2016, the U.S. Supreme Court issued a decision in the Fair Labor Standards Act (FLSA) class action Tyson Foods, Inc. v. Bouaphakeo. In an opinion authored by Justice Anthony Kennedy, the majority held that class...more

Fifth Circuit Provides Guidance on Who Has Standing to Pursue an FCA Retaliation Claim

In United States ex rel. Bias v. Tangipahoa Parish School Bd., — F.3d —-, 2016 WL 906227 (5th Cir. 2016), the Fifth Circuit provided guidance on the scope of individuals with standing to bring an FCA retaliation claim under...more

10 Signs That a Contract May Give Rise to an OCI

As many contractors are all too aware, OCI stands for “organizational conflict of interest.” An OCI arises when, because of other relationships or circumstances, a contractor may (1) be unable to render impartial advice or...more

Retaliation Claim Survives Though False Claim Act Claim Is False

Roxanne Perkins was employed as a clinical supervisor of prior authorizations therapy at Wellcare Health Plans. When she returned from a leave of absence, she learned that Wellcare had instituted a new practice of approving...more

Florida Qui Tam Statute Applies to False Claims Made to State, not Local, Governments

What is the state? Before the summer of 2015, there were two schools of thought on the answer to this question in the context of the Florida False Claims Act (FFCA). The first was advanced in a February 2014 Florida Bar...more

Proposed FAR Rule Would Restrict Confidentiality Agreements between Contractors and Their Employees

Recently, the Federal Acquisition Regulation Council published a proposed rule that, if implemented, would impose a government-wide prohibition on contracting with companies “that require employees or subcontractors to sign...more

Coming Soon to a Federal Contractor Near You: Paid Sick Leave

On Labor Day, September 7, 2015, President Obama signed Executive Order 13706 – Establishing Paid Sick Leave for Federal Contractors. The Executive Order requires that certain federal contractors and subcontractors (the same...more

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