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Government Contracting Labor & Employment

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”)...more

Administrative Law Judge Sides With Google in Denial-of-Access Case

by Ballard Spahr LLP on

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was...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

OFCCP Reminds Contractors to Display EEO Posters

On July 14, 2017, the Office of Federal Contract Compliance Programs (OFCCP) reminded all contractors and employers covered by the agency’s nondiscrimination and EEO laws of their posting obligations. According to the OFCCP’s...more

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws - California Supreme Court Sets New Precedent...

by Best Best & Krieger LLP on

In a watershed decision, the California Supreme Court held that independent contractors and consultants can be considered “employees” and subject to the conflict of interest provisions of Government Code 1090. This includes...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

President Trump Issues Executive Order on Apprenticeships

Perhaps it was only apropos. This past month, President Trump, former reality show host of The Apprentice, signed an executive order calling for more money and a bigger role by private companies in designing federal...more

Hot List - What's Happening in the California Legislature 7/10-7/14

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more

All Small Mentor-Protégé Program Mid-Year Report: Fast Figures Small and Large Businesses Need to Know

The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in the first six months of 2017....more

Hot List – What’s Happening in the California Legislature 7/3-7/7

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Third Circuit Recognizes Escobar “Heightened Materiality Standard” in Dismissal of False Claims Act Case Tied to Avastin

In May 2017, the U.S. Court of Appeals for the Third Circuit relied on the “heightened materiality standard” endorsed by the U.S. Supreme Court in its 2016 Escobar decision in dismissing a False Claims Act (FCA) whistleblower...more

Failure to Register Public Works Projects with DIR Could Result in Penalties - New California Law Takes Effect Immediately

by Best Best & Krieger LLP on

This week, Gov. Jerry Brown signed into law SB 96, which permits the Department of Industrial Relations to impose fines and penalties on local government agencies for failing to comply with certain prevailing wage laws....more

Afghanistan-Based Contractors See FLSA Collective Action Dismissed On Jurisdictional Grounds

by Fox Rothschild LLP on

I blogged about this off-the-beaten-path case a short time ago. Wow, whoever thought the courts would work this fast? A federal judge dismissed a proposed FLSA collective action against Fluor Corp. filed by contractors who...more

Does Your Federal Contractor Paid Sick Leave Policy Comply with Prop. 206?

by Snell & Wilmer on

Companies that entered into qualifying federal contracts since January 1, 2017 are required to have a sick leave policy, or an equivalent paid time off policy, that complies with federal Executive Order 13706. That Executive...more

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729...more

Removal Of Fair Pay And Safe Workplaces Rule Imminent: GSA Issues Interim Memorandum

by Jackson Lewis P.C. on

Rulemaking is underway to amend the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces Final Rule, the General Services Administration has said in guidance to federal agencies instructing them not...more

OFCCP, Google Awaiting A Decision

The hearing on the lawsuit filed by the Office of Federal Contract Compliance Programs against Google concluded on Friday, May 26, in San Francisco. As I’ve reported , the OFCCP is seeking historical pay data as well as names...more

Missouri Repeals Prevailing Wage Law In Government Contracting

by Jackson Lewis P.C. on

Missouri Governor Eric Greitens has signed into law legislation generally forbidding public entities from requiring union wage rates be paid on public construction projects. The legislation, signed into law on May 30,...more

New York Issues Draft Guidance on New Contractor Salary Disclosure Requirement, Seeks Public Comment

On June 1, 2017, the state of New York’s Department of Economic Development (the department) issued draft forms and guidance to capture employee salary information from New York state contractors and subcontractors pursuant...more

Weekly Update Newsletter - June 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals - The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings...more

Labor Secretary Defends OFCCP-EEOC Merger

As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission...more

Pros And Cons Of The Proposed EEOC-OFCCP Merger

President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance...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

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