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Labor & Employment Government Contracting

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

OFCCP Announces “Compliance Assistance” Town Hall Meetings

On August 16, 2017, OFCCP announced that, as part of its efforts to provide compliance assistance to federal contractors, it will be holding three town hall meetings. The meetings will be open to the public and held in...more

Ninth Circuit: Employer’s Good Faith Reliance on HR Director is Not a Defense for Any I-9 Form Compliance Violations – Civil...

On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions of the United States Code related to an employer’s statutory...more

Employers, Get Ready (For Now): EEO-1 Pay Data Reporting Still a Go

by Baker Donelson on

The revised Employer Information Report (EEO-1), which was announced on September 29, 2016, for the first time, requires employers to disclose pay data information in the form of summary pay and aggregate hours worked data...more

What Is Going On With The Revised EEO-1 Form?  Acting EEOC Chair Provides Insight Into Its Status

As loyal readers of our blog are aware, in February 2016, the EEOC released a rule to amend the Form EEO-1. The new rule requires private employers (including federal contractors) with 100 or more employees to submit pay...more

Alert for Minnesota State Government Contractors Filing Pay Equity Certifications

by Littler on

Most businesses entering into contracts in excess of $500,000 with the state of Minnesota are required to obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) as a condition of doing business...more

Compliance with Executive Order 13706 – Paid Sick Leave for Federal Contractors

Executive Order (“EO”) 13076, signed by President Barack Obama on September 7, 2015, established paid sick leave for federal contractors. Specifically, this EO requires certain parties that contract with the Federal...more

Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff’s lack of an objectively reasonable belief of...more

VETS Explains Data Collection and Filing Periods for VETS-4212 and EEO-1

On July 24, 2017, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) sent a letter clarifying the data collection and reporting periods for the VETS-4212 and EEO-1 reports. The letter explains...more

H&W is Increasing and Includes Offsets for Mandated Sick Leave. What Now?

by PilieroMazza PLLC on

Effective August 1, 2017, the Service Contract Act (“SCA”) health and welfare (“H&W”) benefit amount increased from $4.27 per hour to $4.41 per hour. See, Department of Labor (“DOL”) All Agency Memorandum Number 225, issued...more

DOL Clarifies VETS-4212 Filing and Data Collection Periods

by Ballard Spahr LLP on

With August comes federal contractors' obligation to file the annual VETS-4212 report—which collects information on contractors' employees who are protected veterans—based on a snapshot of their workforce taken between July 1...more

DOL Introduces Dual Fringe Rates for SCA

The U.S. Department of Labor (DOL) has announced its annual adjustment for the SCA Health and Welfare (H&W) Fringe Benefits rate for all wage determinations issued on or after August 1, 2017. While DOL typically adjusts this...more

FCA Deeper Dive: FCA Retaliation Claims

by Bass, Berry & Sims PLC on

The FCA provides protections for whistleblowers in connection with their whistleblowing activities. To establish that an employer retaliated against an employee in violation of 31 U.S.C. § 3730(h), an employee must...more

DOL Will Coordinate VETS-4212 With New EEO-1 Reporting Requirements (As Much As It Can).

As we have reported previously, the EEO-1 filing process is changing. The EEO-1 reports that would have been required by September 30, 2017, now do not have to be filed until March 31, 2018. The “catch” is that the new EEO-1...more

SCA Contractors: Fringe Benefit Rate to Increase With Adjustment for Executive Order 13706

For those government contractors that perform work on contracts covered by the McNamara-O’Hara Service Contract Act (SCA) and are also subject to Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal...more

Revised EEO-1 Report – Where Does it Stand?

by Littler on

In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966, employers with 100 or more employees that are subject to Title VII have been required to annually file...more

VETS-4212 Report: 2017 Filing Cycle starts August 1, 2017

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Today marks the first day that Federal contractors subject to reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA or “the Act”) may file their VETS-4212 reports. ...more

DOL Guts Sick Leave Requirement Complicating Contractor Compliance

by Holland & Knight LLP on

Federal contractors will soon encounter a new hybrid Health & Welfare benefit for annual Wage Determinations (WDs) issued by the Department of Labor that will be challenging to apply and may result in negative price...more

Second Circuit Sets False Claims Act Pleading Standard For Claim Information

by Farrell Fritz, P.C. on

Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific alleged false billings or invoices to the government, as long as he can allege facts leading to a strong inference...more

PilieroMazza Legal Advisor - Third Quarter 2017

by PilieroMazza PLLC on

In this Issue: - The All Small Mentor/Protégé Program, One Year Later: Lessons Learned and a Key Milestone - Protecting Your Employees and Confidential Information when Working with Teaming Partners -...more

Important Clarification Received Regarding 2018 VETS-4212 Filings

by Jackson Lewis P.C. on

It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle. Starting August 1, 2017, contractors will be able to file their 2017 reports...more

Independent Contractors & Consultants Acting on Government Contracts May be Subject to Conflict of Interest Laws

by Best Best & Krieger LLP on

Independent contractors and consultants who engage in or advise on public contracts may be subject to the conflict of interest laws under Government Code section 1090, the California Supreme Court ruled last month. Section...more

Client Alert: Getting Ready for the New EEO-1 Report

In 2016 the Equal Employment Opportunity Commission (“EEOC”) announced a change to the EEO-1 Report that had typically been due by September 30th of each year. This change means that there is no EEO-1 Report due in 2017....more

Increase In 2017 Service Contract Act Health & Welfare Rate; Lower Rate For Contracts Covered By Federal Paid Sick Leave EO

by Jackson Lewis P.C. on

The U.S. Department of Labor has released its annual memorandum with the rate increase for Service Contract Act (SCA) Health and Welfare (H&W) Fringe Benefits. The new rate of $4.41 per hour (up from the 2015-2016 rate of...more

Ninth Circuit Relies on Escobar to Revive False Claims Act Suit Against Pharmaceutical Manufacturer

On July 7, 2017, the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s dismissal of a False Claims Act (FCA) whistleblower suit in United States ex rel. Campie v. Gilead Sciences, explaining that...more

ALJ Narrows OFCCP’s Request for Google Employee and Pay Data

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more

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