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Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Energy & Utilities, Government Contracting

DC Circuit Dismisses Appeal By Three Hospitals Challenging Subcontractor Status

On November 14, 2014, the United States Court of Appeals for the District of Columbia dismissed as moot an appeal by three hospitals affiliated with the University of Pittsburgh Medical Center. The hospitals had challenged the…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Health, Government Contracting

Recent OFCCP FAQ Clarifies Compliance Evaluation Scheduling Letter and Itemized Listing

On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing. In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the…more
| Labor & Employment Law, Government Contracting

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis. In…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Government Contracting

OFCCP’s Recent FAQ Clarifies How Contractors May Document Invitations To Self-Identify

As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite applicants…more
| Civil Rights, Labor & Employment Law, Government Contracting

DOL Extends Deadline to Comment on Proposed Equal Pay Report Rules

On Friday, October 31, 2014, the Department of Labor announced that it has extended the period to comment on its proposed “Equal Pay Report” rule…more
| Civil Rights, Labor & Employment Law, Government Contracting

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the…more
| Administrative Law, Labor & Employment Law, Government Contracting

False Claims Act Does Not Protect An Employee Disclosing His Whistleblower History

On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act (“FCA”) did not protect an employee who was fired after revealing his history as a whistleblower and offering to…more
| Civil Procedure, Labor & Employment Law, Government Contracting

OFCCP Issues Two New “FAQs”

The OFCCP recently added two new “FAQs” to its website to help explain contractors’ obligations under new Section 503 and VEVRAA regulations. The first addresses the information contractors must maintain related to efforts to…more
| Civil Rights, Labor & Employment Law, Government Contracting

DOL Releases Final Rule Raising Minimum Wage For Employees Working On Covered Federal Contracts

On October 1, the Department of Labor (“DOL”) announced its final rule raising the minimum wage for employees working on covered federal government contracts from $7.25 an hour to $10.10 an hour. The final rule implements…more
| Labor & Employment Law, Government Contracting

OMB Approves Changes to OFCCP Scheduling Letter

The Office of Management and Budget (“OMB”) has approved changes to the current contractor scheduling letter and itemized listing used by OFCCP in compliance reviews. The new letter is expected to be released today. OFCCP…more
| Civil Rights, Labor & Employment Law, Government Contracting

New VETS-4212 Rule Finalized – Contractors Must Report Aggregate Statistics

Changes to the VETS-100A report proposed by the Department of Labor’s Veterans’ Employment and Training Service (“VETS”) earlier this year were approved and were published in the Federal Register last week…more
| Labor & Employment Law, Government Contracting

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants for…more
| Civil Rights, Labor & Employment Law, Government Contracting

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts…more
| Electronic Discovery, Labor & Employment Law, Business Torts, Health, Government Contracting

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the box”),…more
| Labor & Employment Law, Government Contracting
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