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You’re NOT Paranoid – the Agencies ARE Ganging Up

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

OFCCP Argument for Expansive Scope of Desk Audit May be Weakened

A federal trial court in Texas has entered an agreed order granting a joint motion for voluntary dismissal filed by the parties in Frito-Lay v. Department of Labor. As discussed in our prior Alert, in Frito-Lay, the company...more

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

OFCCP Withdraws Claim Regarding TRICARE Jurisdiction

Last week, the Office of Federal Contract Compliance Programs (OFCCP) dismissed OFCCP’s 2008 complaint against Florida Hospital of Orlando. In its Order of Dismissal, the Administrative Law Judge (ALJ) reported that OFCCP...more

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

Obama Raises Minimum Wage For Federal Contractors

In his fifth State of the Union speech, President Obama announced that he planned to issue an executive order raising the minimum wage for workers under new federal contracts to $10.10 per hour, up from the current federal...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

OFCCP Agrees to 5-Year Enforcement Moratorium for TRICARE Providers

In a letter to congressional leaders on March 11, 2014, Secretary of Labor Thomas E. Perez announced that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium...more

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

GAO Dismisses Protest Alleging Noncompliance with E-Verify Requirements

In Ashland Sales & Service Co., B-408969 (Nov. 1, 2013), the Government Accountability Office (“GAO”) dismissed a protest by Ashland Sales & Service Co. (“Ashland”) alleging that a contract for lightweight jackets was...more

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer...more

OFCCP Rescinds Old Compensation Guidance, Implements New Compensation Directive

On February 28, 2013, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) rescinded two enforcement guidance documents on pay discrimination from 2006 and replaced them with a new Directive...more

2012-13 Education Legislation Summarized By KMTG

In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location. Here you will find a recap of all the legislation we summarized, along with a link...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

President Obama Signs National Defense Authorization Act, Issues Signing Statement Regarding Whistleblower Provisions

On January 2, 2013, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which enhances whistleblower protections for employees of contractors and subcontractors vis-à-vis the Department...more

OFCCP’s New FAAP Directive Offers Alternatives (With Permission!)

Effective December 17, 2012, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Functional Affirmative Action Program (FAAP) Directive Number 305. The new directive outlines the application and approval...more

OFCCP Updates Process For Approval Of Functional AAPs, And It's Less Burdensome For Contractors

The Office of Federal Contract Compliance Programs has quietly released an updated Directive of its approval process for developing Functional Affirmative Action Plans. Although the changes are not major, the good news is...more

Legislative Update Report No. 2012-24 -- Dec 30, 2012

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

National Defense Authorization Act: Generous Whistleblower Protections for Employees of Government Contractors On The Horizon

Awaiting President Obama’s signature, Sections 827 and 828 of the National Defense Authorization Act for Fiscal Year 2013 (NDAA) would enhance the whistleblower protections of contractor and subcontractor employees for the...more

Is Your Company E-Verify Compliant?

In June 2011, North Carolina joined the ranks of an increasing number of states requiring the use of E-Verify. E-Verify is a free Internet-based system that allows employers to determine employment authorization by checking...more

The Fiscal Cliff and the WARN Act

Federal spending cuts as a result of the looming fiscal cliff may have an additional impact on federal contractors anticipating layoffs or plant closures. Employers with 100 or more employees are required to provide their...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

Immigration Compliance: Seven Deadly Mistakes for Employers

Based on information provided by the Department of Homeland Security (“DHS”) and various year-end publications about the actions brought against employers for immigration violations in 2012, we have compiled a short list of...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

Obama's Mark on Employment Law - What do Employers Have to Look "Forward" To in the Next Four Years?

Now that the frenzy of the election has died down, Florida has counted its votes, and the major media outlets have moved on from dissecting party rhetoric, the question remains: What does Obama's reelection mean for the...more

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