Government Contracting Updates

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Texas Judge Grants Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Orders

Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some - but not all - aspects of...more

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised...

A federal employee’s objection to the appointment of a workplace violence investigator was valid, the Occupational Health and Safety Tribunal Canada has decided, because the investigator was not “seen by” the employee as...more

Judge Temporarily Blocks “Blacklisting” Rules

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including...more

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

Update - Last Minute Injunction of New Fair Pay and Safe Workplace Requirements

This is an update to the Alert that we issued on September 15, 2016, regarding the issuance of the final rules that would generally require federal contractors to disclose certain labor law violations and worker wage...more

Federal Court Temporarily Enjoins Parts of the Fair Pay and Safe Workplaces Executive Order

Key points - - A federal district court in Texas issued a preliminary injunction blocking implementation of the labor law disclosure requirements and restrictions on certain predispute arbitration agreements under...more

U.S. District Court Judge Puts "Blacklisting" Rules on Hold

On October 24, 2016, one day before the "blacklisting" rules for federal On October 24, 2016, one day before the "blacklisting" rules for federal contractors that stem from the Fair Pay and Safe Workplaces Executive Order...more

Court Blocks Rule Requiring Federal Contractors to Disclose Labor Law Violations, But Okays Pay Transparency Rule

On October 24, 2016 the federal district court in Beaumont, Texas enjoined implementation of President Obama’s Executive Order 13673 and the enforcement of FAR Council regulations and U.S. DOL guidance requiring disclosures...more

Texas Court Holds Compliance Auditor Not Liable to Employer for Alleged Use of Confidential Information in FCA Suit Against...

A Texas appellate court recently affirmed a judgment against a healthcare consulting firm that claimed that its former employee had misappropriated its confidential information to use in a False Claims Act (“FCA”) lawsuit...more

Heart of Fair Pay and Safe Workplaces Final Rule Blocked by Federal Judge

The injunction prevents the government from enforcing the final rule’s provisions on labor law violation disclosures and the restriction on arbitration agreements. Late in the evening of October 24, mere hours before the...more

Transitioning from Volume to Value: Medicare’s New Physician Payment Program

The Centers for Medicare & Medicaid Services (CMS) released an advanced copy of the final rule implementing the agency’s new dual-track Quality Payment Program created by the Medicare Access and CHIP Reauthorization Act of...more

Statements Regarding Title IV Compliance Can Provide Basis for “Implied Certification” Theory

Title IV’s incentive compensation ban (“ICB”) prohibits higher education institutions from paying bonuses or commissions to student recruiters. In a recent decision, the U.S. District Court for the Northern District of...more

Majority of Fair Pay And Safe Workplaces requirements preliminarily enjoined nationwide

On October 24, 2016, a day before the Fair Pay and Safe Workplaces final rule was set to take effect, a US district court in Texas preliminarily enjoined implementation of the Federal Acquisition Regulatory (FAR) Council rule...more

Court Enjoins Several Parts of the Fair Pay & Safe Workplaces Final Rule

Over the last few months our Government Contracting and Labor & Employment teams have been breaking down the specifics about the Fair Pay & Safe Workplaces Final Rule and the corresponding Department of Labor guidance. As we...more

“Blacklisting” Executive Order Stayed by District Court Judge

On October 24th, 2016, United States District Judge Marcia A. Crone issued a preliminary injunction that suspends the implementation of certain portions of President Obama’s Executive Order 13673, called the Fair Pay and Safe...more

Blacklist Regs Get a “Preliminary” Black Eye from the District Court in Texas

On October 24, 2016, U.S. District Court Judge Marcia Crone of the Eastern District of Texas granted a nationwide preliminary injunction enjoining implementation of the Fair Pay and Safe Workplaces regulations. In addition...more

Finally Some Sanity For Federal Contractors! Judge Issues Preliminary Injunction On Fair Pay & Safe Workplaces Rule

On the eve of the effective date, a federal judge granted a nationwide preliminary injunction, stopping implementation of the majority of the Fair Pay & Safe Workplaces Rule. As my colleague Jon Yarbrough recently reported,...more

Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe...more

Breaking: Federal Judge Enjoins Implementation Of Part Of Fair Pay And Safe Workplaces (“Blacklisting”) Executive Order,...

On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court...more

Tech Company Sued For Alleged Hiring Bias Against Asians, OFCCP’s Shiu To Step Down

Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology...more

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the...more

Court Puts Blacklisting Rules On Hold - Federal Contractors Can Proceed As Normal For The Time Being

In a somewhat surprising development, a federal court in Texas blocked the government from implementing most of the federal contractor “blacklisting” rules that were slated to go into effect on October 25, 2016. The final...more

Federal auditors assail $359 million in Medicare costs for chiropractic care

Federal auditors have found that 80 percent of Medicare spending in a recent year on chiropractic care-some $359 million-was medically unnecessary. The federal insurance program for senior citizens should not have thrown...more

Benchslap for Blacklisting Rule

Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and...more

Court Grants ABC’s Preliminary Injunction Request in Case Challenging “Blacklisting” Executive Order

We recently reported on a lawsuit, filed by the Associated Builders and Contractor’s (ABC), challenging the “blacklisting” Executive Order and the implementing regulations. As we noted in our article, a ruling by the Court on...more

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