Labor & Employment Law, Government Contracting

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

As reported in the Bloomberg BNA Daily Labor Report, three contractors were found by the California Labor Commissioner to have “willfully” violated state wage and apprenticeship laws. The contractors were ordered to pay over...more

OFCCP Sets Deadline for Implementation of 2010 Census Data

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

On May 15, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that covered federal contractors will have until January 1, 2014 to start using 2010 Census data for determining availability when...more

Federal Contractors Must Use 2010 Census Tab Starting January 1, 2014

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2013

Earlier this afternoon, the Office of Federal Contract Compliance Programs (OFCCP) announced that all federal contractors must use the 2006-2010 American Community Survey Equal Employment Opportunity Tabulation (2010 EEO Tab)...more

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

by Thompson Coburn LLP on 5/15/2013

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

OIG Updates Special Advisory Bulletin on the Effect of Exclusion from Participating in Federal Health Care Programs

by Ropes & Gray LLP on 5/15/2013

On May 8, 2013, the Office of Inspector General of the Department of Health and Human Services (“OIG”) released an Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care...more

OIG Issues Updated Bulletin on Exclusion from Federal Health Care Programs

by Aaron Graham | Bradley Arant Boult Cummings LLP on 5/14/2013

On May 8, 2013, the Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from federal health care programs. A federal health care program (e.g., Medicare and Medicaid) is...more

OIG Updates Special Advisory Bulletin on the Effect of Exclusion from Federal Health Programs

by Julie Kass | Ober|Kaler on 5/14/2013

On May 8, 2013, the OIG issued an update that supersedes and replaces its 1999 Special Advisory Bulletin, The Effect of Exclusion from Participation in Federal Health Care Programs. The updated bulletin continues to stress...more

Georgia's Illegal Immigration and Enforcement Act

by Ben Shapiro | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

On July 1, 2013, all employers with more than ten employees will be required participate in the U.S. Department of Homeland Security's E-Verify system in order to obtain a business license as part of the Illegal Immigration...more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Colorado Construction Legislation Update

by Sherman & Howard L.L.C. on 5/13/2013

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides...more

Employment Non-Discrimination Act Introduced Again

by Lawrence Lorber, Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/9/2013

The Employment Non-Discrimination Act (“ENDA”) was introduced on April 25 as S-815. A companion bill HR 1755 was introduced in the House. The legislation prohibits employment discrimination on the basis of sexual orientation....more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 5/8/2013

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

EEOC Hears Testimony Concerning Employer Wellness Programs and the Need for Agency Clarification

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/8/2013

Leslie Silverman, former EEOC Commissioner, now Co-Chair of Proskauer’s Government Regulatory and Contract Compliance Group, was part of a panel that testified before the EEOC today concerning the need for clearer guidance...more

The “Keep Jobs In Colorado Act” Bad for Business, Bad for the State?

by Jared Berg | Sherman & Howard L.L.C. on 5/8/2013

A new law currently being debated in Colorado's legislature could expose companies working on public projects to civil penalties if their workforce does not consist of at least 80% Colorado labor. ...more

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

by R. Michael Joyce | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more

Business Law Newsletter - May 2013

by Rachelle E. Hill, James V. Irving, Alecia Schmuhl | Bean, Kinney & Korman, PC on 5/6/2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

by Theodore A. Olsen | Sherman & Howard L.L.C. on 5/6/2013

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/3/2013

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

Legislative Alert: Illinois House of Representatives Passes HB 924

by Barbara Adams, Stewart Weiss | Holland & Knight LLP on 5/3/2013

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on...more

Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers

by Cheryl Behymer, Richele Taylor | Fisher & Phillips LLP on 5/1/2013

A federal district court has confirmed the position of the Office of Federal Contract Compliance Programs (OFCCP) finding that three hospitals providing medical services to U.S. government employees, and receiving payments...more

BRG GovCon Research Report - January - March 2013

by Ryan Byrd, Kelly Lynch, Sajeev Malaveetil, Mary Karen Wills | Berkeley Research Group, LLC on 5/1/2013

In This Issue: - GSA and VA Schedule Matters - Office of Inspector General Reports - Pertinent Government Accountability Office (GAO) Audit Reports - OMB Proposed Guidance - Key Federal Acquisition...more

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

by David Gallacher, Franklin Turner | Sheppard Mullin Richter & Hampton LLP on 4/30/2013

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

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Labor & Employment Law › Government Contracting