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Weekly Update Newsletter - September 2014 #2

DoD’s Implementation of Justification for 8(a) Sole-Source Contracts - The General Accountability Office (GAO) conducted a study to review how the Department of Defense (DoD) has implemented the requirement of a...more

District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the...more

White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends...more

Supreme Court to address circuit splits on wartime tolling and first-to-file bar

The Supreme Court has agreed to hear an appeal which will likely reconcile an appellate split as to whether the Wartime Suspension of Limitations Act applies in False Claims Act cases and the first-to-file bar. ...more

Supreme Court to Take Up Kellogg Brown & Root Whistleblower Case

It’s impossible to understate the importance of strict adherence to procedure when initiating a qui tam action under the False Claims Act. Unfortunately under our legal system, otherwise meritorious claims can often be...more

Employee Stock Ownership Plans: More Confusion for Veteran-Owned Small Businesses

My house, my rules. That was the approach seemingly taken by the Department of Veterans Affairs (“VA”) when it crafted the regulations governing eligibility of Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses...more

Shady Record Keeping Not Just in the VA

The nation was recently stunned by the revelation that Department of Veterans Affairs administrators were manipulating dates on records to conceal the unreasonable wait times veterans seeking medical care were forced to...more

From D-Day to Afghanistan: Honoring Our Veterans by Reemploying Them

Seventy years ago, on June 6, 1944, the Allies’ liberation of Europe began with D-Day. Anyone who has had the privilege to travel to Saint-Laurent-sur-Mer in France and walk Omaha Beach and the surrounding area is struck by...more

OFCCP Updates Its Frequently Asked Questions Regarding the Section 503 and VEVRAA Regulations

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued regulations that became effective on March 24, 2014 governing affirmative action requirements for disabled individuals and protected...more

Whistleblower Retaliation at the Department of Veterans Affairs

The Department of Veterans Affairs has been assaulted from all sides in light of recent revelations regarding the quality of care and administration cover-ups. With the alleged misconduct so pervasive, it may seem surprising...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 42: Military Veterans And Their...

Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans. In the wake of Vietnam War, two wars...more

Court Approves USERRA Class Action Settlement Over Pension Contributions

A federal district court in Colorado recently approved a settlement agreement resolving class action claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The documents filed in support...more

Company Selling Assets Must Include Employees on Military Leave in List of Employees Available for Hire

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides broad protections to employees called for active military service. Last month, the Eighth Circuit Court of Appeals found that these protections...more

OFCCP’s Final Rules for Veterans and Disabled Become Effective

On March 24, 2014, the Office of Federal Contract Compliance Programs’ (“OFCCP’s”) final rules for individuals with disabilities under Section 503 of the Rehabilitation Act and for veterans under the Vietnam Era Veterans’...more

Government Contractors Face Expanded Affirmative Action Requirements

As its landmark initiative, the Obama Administration’s Office of Federal Contract Compliance Programs (“OFCCP”) issued expansive new regulations requiring government contractors to undertake greater efforts to employ...more

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...more

New OFCCP Rules Establish Hiring Benchmarks and Goals for Veterans and Qualified Individuals with Disabilities

Effective March 24, 2014 federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act of 1973 (“Rehabilitation Act”) or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) must...more

VETS Issues Proposed Regulations Revising VEVRAA Reporting Requirements

The Veterans Employment and Training Service (VETS) has published a Notice of Proposed Rulemaking (NPRM) in which the agency proposes revising the regulations addressing reporting requirements under the Vietnam Era Veterans'...more

Employment Law Commentary -- Volume 26, Issue 2, February 2014 - Some Thoughts on the New OFCCP Data Collection Regulations for...

If You Have to Ask . . . Most of us understand that employers should not ask for personal information from employees (or applicants for employment) if that information would be illegal to use in making employment...more

Federal Contractors: Overhauled OFCCP Regulations On Employment Obligations To Veterans And Individuals With Disabilities

Starting March 24, 2014, the Office of Federal Contract Compliance Programs (OFCCP) will begin enforcing two regulations that amend the obligations of federal contractors to employees and applicants who are protected veterans...more

Change Proposed for VETS Reporting Requirements

In yet another development in the constantly changing affirmative action compliance landscape, on February 24, 2014, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) published a Notice of...more

DOL Proposes Rule Requiring Contractors to Report Aggregate Veterans Information

The Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) on Friday which would change reporting requirements for federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act...more

Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier last week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones. The case...more

OFCCP Revised VEVRAA and 503 Regulations: Part I - Compliance Timeline, Narrative Obligations and Outreach Requirements

In this Presentation: - Part I-Compliance Timeline, Narrative Obligations and Outreach Requirements - Subpart A - Preliminary Matters - Subpart A - EO clause changes - Subpart C - Major...more

March 24th is Approaching: Complying With the New OFCCP Regulations

Last year, the Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations implementing Section 503 of the Rehabilitation Act, as amended (“Section 503”), and the Vietnam Era Veterans’ Readjustment...more

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