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Labor & Employment Government Contracting General Business

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

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

by Bass, Berry & Sims PLC on

Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

There’s not a whole lot of new ground to cover as to why an employer or contractor would want to implement confidentiality agreements. However, forcing them on workers is a whole different story....more

AB 2532 Eliminates the Requirement that Private Employers Contracting with State and Local Agencies Verify an Individual’s Status...

by Ervin Cohen & Jessup LLP on

Effective January 1, 2017, Assembly Bill 2532 eliminates the requirement that private employers contracting with state and local government agencies to provide specified employment services verify an individual’s legal status...more

Finally! Government Contractor Blacklisting EO and Implementing Regulations Bite the Dust . . Perhaps Forever!

It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive...more

Congress Repeals Controversial Fair Pay and Safe Workplaces Regulations

by Morgan Lewis on

Final closure for federal contractors awaits the president’s signature. On March 6, 2017, the US Senate voted in favor of House Joint Resolution 37 (H.J. Res. 37), which would repeal the regulations spurred by former US...more

Vavra Decision Highlights Avenues for Potential Anti-Kickback Act Liability

On February 3, 2017, the Fifth Circuit decided US ex rel Vavra v. Kellogg Brown & Root, No. 15-41623, 2017 WL 473873 (5th Cir. 2017), determining that defendant KBR could be held vicariously liable under the enhanced penalty...more

Utah employee had no constitutional right to continued employment

by Kirton McConkie PC on

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

Effective January 19, 2017, pursuant to Federal Acquisition Regulation (FAR) clause 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, federal government contractors are prohibited...more

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

by Foley & Lardner LLP on

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more

Final FAR Rule: Employees’ Freedom to Report Fraud

There has been a debate for years about whether employers can, by agreement, prohibit their employees from “blowing the whistle” on them. The prudent view was this could be viewed by the courts as a violation of public...more

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect. The Rule prohibits the government from contracting with companies that...more

Government Contracts Legislative and Regulatory Update - January 2017

by Dentons on

Our January edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of December....more

Federal Contractors Might Be in for a Wild Ride in 2017

by Cozen O'Connor on

President Obama has signed multiple executive orders impacting federal contractors throughout his administration, and 2016 has been a particularly active year for the Office of Federal Contract Compliance Programs (OFCCP). In...more

Pay Transparency and Paid Sick Leave Obligations May Apply to 2017 Federal Contracts

by Morgan Lewis on

Contractors and subcontractors that enter into or renew federal contracts after January 1, 2017 should be mindful of requirements to provide detailed wage statements and paid sick leave to covered workers....more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Organizational Conflicts of Interest and Post Government Employment Restrictions

by PilieroMazza PLLC on

Contractors are subject to a number of contract provisions, statutes, and regulations concerning ethics and conflicts of interest. A significant area of concern involves potential or actual organizational conflicts of...more

Government Contracts Legislative and Regulatory Update - November 2016

by Dentons on

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

A Word of Warning When it Comes to Contracting With the Federal Government: Beware

by Nexsen Pruet, PLLC on

Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Court Enjoins FPSW Regs: Checklist of Obligations and Status Included

by Morgan Lewis on

The court preliminarily blocks the Fair Pay and Safe Workplaces’ (FPSW’s) disclosure requirements and arbitration restrictions, providing some relief for federal contractors. On October 24, the US District Court for...more

DOJ Toughens Stance on Certain Employment-Related Agreements Between Competitors - New Antitrust Guidance Threatens Criminal...

by Holland & Knight LLP on

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about...more

Judge Temporarily Blocks “Blacklisting” Rules

by Cozen O'Connor on

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including...more

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

by Hinshaw & Culbertson LLP on

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

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