Government Contracting Labor & Employment Constitutional Law

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Whistleblower Takes Next Step in Lawsuit Against Philadelphia School District

Four years ago, Francis X. Dougherty was fired after revealing the existence of a $7.5 million no-bid security camera contract within the Philadelphia School District. Now, he has won a major victory in his whistleblower...more

The Ninth Circuit Provides Clarity on ERA Whistleblower Protections.

On November 7, 2014, the Ninth Circuit issued its ruling in Tamosaitis v. URS Inc. and provided clarity on three key aspects of the whistleblower protections afforded under the Energy Reorganization Act (ERA), 42 U.S.C. 5801...more

D.C. Circuit: USAID Worker Jailed in Cuba Can’t Recover Damages from the Government

On November 14, 2014, in Alan Gross and Judith Gross v. U.S.A., a three-judge panel of the United States Court of Appeals for the D.C. Circuit unanimously held that a humanitarian aid worker, who sub-contracted with the...more

DC Circuit Dismisses Appeal By Three Hospitals Challenging Subcontractor Status

On November 14, 2014, the United States Court of Appeals for the District of Columbia dismissed as moot an appeal by three hospitals affiliated with the University of Pittsburgh Medical Center. The hospitals had challenged...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize. The National Association of Manufacturers (NAM) and the Virginia...more

New York Court Strikes Down Regulations Limiting Executive Compensation and Administrative Expenses

A New York court has held that the State’s regulatory limits on executive compensation and administrative expenses for entities that receive state funds unconstitutionally exceed proper regulatory authority. The regulations,...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

Supreme Court Strikes Down Affirmative Action In Public Universities Again

On April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action et al. (No. 12–682), the Supreme Court upheld a Michigan law that bans public colleges and universities, community colleges and school districts from...more

Labor And Employment Law 2013: A Year-End Review

I. New Laws and Regulations - A. Federal - Following U.S. Supreme Court Decision, Federal Agencies Extend Definition of “Spouse” to Persons in Same-Sex Marriages. In United States v. Windsor, 133 S. Ct. 2675...more

Controversial Baltimore City Local Hiring Ordinance is Enacted

A controversial new law is set to take effect soon. Legislation was introduced in the Baltimore City Council that requires employers benefitted by city contracts and subsidies to take measures to hire Baltimore City...more

Fourth Circuit Joins D.C. Circuit In Striking Down NLRB’s Employee Rights Notice Posting Rule

In June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”). The controversial rule...more

Legal Alert: Federal Contractors Not Released From Notice Posting Requirement

Although the D.C. Circuit Court of Appeals' decision invalidating the Nation Labor Relations Board's (NLRB's) notice posting requirement means that private employers currently are relieved of this obligation, the ruling did...more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

Labor & Employment E-Note - March 14, 2013

In This Issue: - ALERT: USCIS INTRODUCES NEW FORM I-9 - OFCCP Moving to Broader Investigations into Pay Bias - High Court to Consider U.S. Steel Workers' Compensation Case - NLRB Rulings Questioned After Board...more

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

Supreme Court’s Next FCA Whistleblower Case?

Imagine you own a company that does business with a federal agency. The company’s contract with the agency specifies that the company will deliver widgets of a particular quality....more

UPDATE: Charter City Not Required To Pay Prevailing Wage On Municipal Construction Projects

In a decision strongly upholding the municipal home rule doctrine, the California Supreme Court held that charter cities are not subject to state prevailing wage requirements for purely local construction projects. The Court...more

California Supreme Court Rules That State’s Prevailing Wage Law Is Not Quite So Prevailing: Charter Cities Need Not Require...

On July 2, 2012, the California Supreme Court issued its long-awaited decision in State Building and Constructions Trades Councils of California, AFL – CIO v. City of Vista, No. S173586. The court held that locally funded...more

Construction & Land Use Newsletter - March 2012

In This Issue: - D.C. Jobs Bill Has Far-Reaching Implications for Contractors...Page 1 - Proposed Amendment to Virginia’s Constitution Could Limit Government’s Use of Eminent Domain...Page 2 - Meet Our Attorneys -...more

Supreme Judicial Court Rules on Quinn Bill Case - March 2012

The Massachusetts Supreme Judicial Court yesterday issued a significant decision that could impact municipalities throughout the Commonwealth. In Adams v. City of Boston, SJC-10861 (March 7, 2012)(slip opinion), the Court...more

Contract to pay dollars is a contract to pay coined silver

A contract to pay dollars, is according to the Supreme Court of the United States, a contract to pay lawful money of the United States. Lawful money of the United States is money declared to be legal tender in payment. ...more

Engineer Of Iranian Descent Can Proceed With Race And National Origin Discrimination Claims

Zeinali v. Raytheon Co., 636 F.3d 544 (9th Cir. 2011) Hossein Zeinali, who is of Iranian descent, sued Raytheon for race and national origin discrimination under the Fair Employment and Housing Act when it terminated his...more

NEW ADA Regulations Regarding the Presence and Use of Service Animals in Local Governmental Buildings and Programs, Including...

NEW ADA Regulations Regarding the Presence and Use of Service Animals in Local Governmental Buildings and Programs, Including Public Schools ...more

NASA v. Nelson

Opinion of the United States Supreme Court

Supreme Court Affirms Right to Informational Privacy, But Says Privacy Act Safeguards Sufficient for NASA Records The Supreme Court has issued a decision in NASA v. Nelson, a case brought by NASA scientists who argued that...more

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