Labor & Employment Government Contracting

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OFCCP Launches Class Member Locator

As part of its 50th Anniversary celebration, the OFCCP recently launched a website that lists, by contractor name, establishments that are in the process of developing a class member list as part of the settlement process...more

OFCCP Launches Class Member Locator Website, Disclosing Conciliation Agreements

Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

OFCCP Issues Final Rule on Contractor Pay Transparency

Last April, President Obama issued Executive Order 13,665, prohibiting federal contractors and subcontractors from publishing or enforcing rules intended to keep employees from discussing their compensation. On September 10,...more

Health Update - September 2015

Latest Healthcare False Claims Act Roundup and Top 3 Best Practices to Reduce Exposure - As the legal landscape in healthcare becomes increasingly complex, healthcare companies that receive federal program funds face...more

Executive Order Extends Paid Sick Leave to Federal Contractors

Earlier this month, the paid sick leave epidemic that has spread to four states and at least 24 municipalities found its latest victim — federal contractors and subcontractors. Spurred by an Executive Order (the “Order”),...more

The Changing Compensation Landscape for Government Contractors: New Executive Order Mandates Paid Sick Leave for Employees of...

Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors...more

Planning for a Government Shutdown

As described in detail in a recent Washington Update, there is once again a reasonable likelihood that we are headed for a government shutdown beginning Thursday, October 1. This article puts aside politics to focus on the...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

FAR Thresholds Adjusted for Inflation

Under a final rule effective October 1, 2015, acquisition-related dollar thresholds in the Federal Acquisition Regulation (“FAR”) will be adjusted for inflation. Government contractors should be aware of these inflationary...more

Fenwick Employment Brief

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims - In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will...more

Federal Contractors Beware – Part 8

On September 7, 2015, President Obama issued an executive order that will require federal contractors and subcontractors to provide their employees with up to seven or more paid sick leave days a year....more

The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home

With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that...more

OFCCP Releases ‘EEO is the Law’ Poster Supplement for Federal Contractors

On September 10, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released a supplement to the “EEO is the Law” poster for use by covered federal government contractors and...more

The OFCCP’s War Path: Federal Contractors Take Note

Subject to very limited exceptions, employees of federal contractors must be permitted to discuss their compensation without retaliation or fear of intimidation. Federal contractors will be required to provide paid sick...more

Procurement Pulse - September 2015

Draft regulations have been issued for consultation, to implement both the Utilities Directive and the Concessions Directive - expected to be in force April 2016. There has been some interesting case law on application of...more

Executive Order Requires Federal Contractors to Provide Paid Sick Leave

On Labor Day, President Obama unveiled the latest executive branch action taking aim at federal government contractors. As labor and employment legislation has stalled in a divided Congress, the White House has again turned...more

Mintz Levin Health Care Qui Tam Update: Recent Developments & Unsealed Cases - September 2015

Trends & Analysis - Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more

Minimum Wage for Federal Contractors set to Increase

President Obama's Executive Order requiring certain federal contractors and subcontractors to pay an increased hourly minimum wage includes a mandate that the Secretary of Labor determine increases to the wage rate on an...more

The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single...more

Weekly Update Newsletter - September 2015 #2

GOVERNMENT CONTRACTS - Establishing a Minimum Wage for Contractors, Notice of Rate Change In Effect as of January 1, 2016 - The Department of Labor (DOL) issued a notice to announce the applicable minimum wage rate...more

Federal Contractor Minimum Wage Rises to $10.15

The Wage and Hour Division of the U.S. Department of Labor published in the Federal Register earlier this week its official Notice regarding an increased minimum wage for employees of federal contractors to $10.15, which is a...more

DOL Announces Increase in Minimum Wage Rate for Federal Contractors

The Department of Labor (DOL) has announced that the minimum wage for certain federal contracts will increase to $10.15 per hour beginning January 1, 2016. Additionally, the minimum cash wage that generally must be paid to...more

The DOL Announces Final Rule for the Obama Administration’s 2014 Pay Transparency Executive Order

As we’ve previously covered here, on April 8, 2014 President Obama signed Executive Order 13665 (“Non-Retaliation for Disclosure of Compensation Information), at an event commemorating National Equal Pay Day, an annual public...more

OFCCP Issues Final Rule Prohibiting Pay Secrecy Policies and Actions By Federal Contractors

The Office of Federal Contract Compliance Programs (“OFCCP”) issued its Final Rule last week implementing Executive Order 13665 (entitled Non-Retaliation for Disclosure of Compensation Information). Executive Order 13665...more

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