Labor & Employment Government Contracting

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Ready, Set: Time to Add Ready-Mixed Concrete to “Public Works” Definition

Public works contracts awarded on or after July 1, 2016 will be subject to the more expansive definition of public works added by California Assembly Bill 219 (Daly). For purposes of Article 2 of California’s Labor Code,...more

Legal Landscape: SBA Expands the WOSB/EDWOSB Contract Program, Importance of the Economic Loss Rule and Self-Reporting Requirement...

Welcome to the fourth edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

The Obama administration has released its Spring Agency Rule List. The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations. The agenda notes that the Obama...more

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

The New Italian Public Procurement Code

The Italian Council of Ministers approved a new Legislative Decree reforming the Italian Public Procurement regulation, implementing Directives 2014/23/EU, 2014/24/EU and 2014/24/EU. On April 18, 2016, the Italian...more

Long Anticipated Changes to DOL Overtime Rules to be Announced

The Department of Labor is expected to announce its final rule regarding the white collar overtime exemptions under the Fair Labor Standards Act at an event in Ohio attended by Vice President Joe Biden and Secretary of Labor...more

Missing a Wage Determination in a SCA-Covered RFP? Ask for It.

I recently participated in a webinar regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the...more

OFCCP Publishes Revised FAAP Directive

The Office of Federal Contract Compliance Programs (OFCCP) has published a revised directive regarding the use of Functional Affirmative Action Plans (FAAPs). A FAAP requires specific OFCCP approval and is a departure from...more

Weekly Update Newsletter - May 2016

GOVERNMENT CONTRACTS - DFARS: Multiyear Contract Requirements - DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act...more

Former Medicaid Auditor for D.C. Government Permitted to Proceed with FCA Retaliation Claim

The Federal District Court for the District of Columbia recently ruled that a former director of Medicaid audits in Washington D.C. can proceed with retaliation claims alleging he was fired for trying to stop his former...more

District Court Holds that Interest in Protecting Whistleblowers under the False Claims Act Can Outweigh Companies’ Confidentiality...

A magistrate judge in the Northern District of Illinois recently dismissed a company’s breach-of-contract counterclaim against a whistleblower for violating the company’s privacy policy and confidentiality agreement....more

Court Throws Out Counterclaim That Whistleblower Divulged Confidential Information

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Service Contract Act Compliance

Agenda - - Overview of the Service Contract Act - Labor Mapping & Conformances - DOL Audit Risk & Exposure - Common SCA Pitfalls / Issues - Competitive Landscape - Other...more

First Agency Publishes Significant Increase in FCA Penalties; Others Expected to Follow

On May 2, 2016, the Railroad Retirement Board (Board) published an interim final rule in the Federal Register amending its regulations to increase the minimum and maximum civil monetary penalty amounts under the Board’s...more

Amending FIRREA: An Alternative Proposal

Near the end of his tenure, Attorney General Eric Holder publicly raised the prospect of amending FIRREA—the Financial Institutions Reform, Recovery, and Enforcement Act of 1989—to increase the incentives for blowing the...more

How Gov't Contractors Can Avoid Pay Transparency Mishaps

The final rule implementing Executive Order 13665 (the Pay Transparency Act) went into effect on Jan. 11, 2016. The act prohibits employers from requiring their employees to keep their compensation confidential. Under the new...more

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”). The Order,...more

Asbestos Specialists, Inc. Will Pay $100,000 and Make Major Policy Changes to Resolve EEOC and OFCCP Investigations

WASHINGTON, D.C.-Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area, will pay $100,000 and furnish significant equitable relief to...more

Trove of SNF Claims Data Released By CMS – Ready for Mining By Auditors and Whistleblowers

Over recent years, the Federal government has trained its sights on potential billing abuses in the Medicare Part A program for Skilled Nursing Facilities (“SNFs”) in the provision of rehabilitation therapy services. The...more

Workplace Policy Institute Insider Report — May 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract,...

The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of...more

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From...

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance...more

Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

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