News & Analysis as of

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

FAR Amended to Clarify Contractor Responsibilities Pursuant to the Defense Base Act

The Department of Defense, the General Services Administration and NASA issued a final rule on May 30, 2014, which amended the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to...more

Employee Misclassification Act

The Employee Misclassification Act is a hot button topic at both state and federal levels. The act currently only applies to employers in the construction industry. ...more

You Load 16 Tons, What Do You Get: A Worthless Franchise!

Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit mostly unintentional,...more

SOX Protections for Employees of Public Companies’ Contractors and Subcontractors

The U.S. Supreme Court extends Sarbanes-Oxley whistleblower protections, but the reach of the decision may be curtailed by “limiting principles” referenced by the Court....more

U.S. Supreme Court Rules Employees of Private Companies May Bring Claims for Whistleblower Retaliation Under Sarbanes-Oxley

Yesterday, in an opinion issued in Lawson v. FMR LLC, Case No. 12-3, the United States Supreme Court held that the Sarbanes-Oxley Act of 2002 provides whistleblower protections for employees of private contractors performing...more

Senate Report Urges Compliance-Based Government-Contract Awards

The U.S. Senate's Committee on Health, Education, Labor, and Pensions has released a report concluding that there are "widespread labor law violations among major government contractors." The publication, entitled "Acting...more

Department Of Labor Resets Persuader Rules Deadline For March 2014

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

SuperVision Today: 4th Quarter 2013

In This Issue: - Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending...more

DOL’s Final Rule Designed to Increase Hiring and Employment

Employers holding contracts with the federal government in excess of $10,000, as well as their subcontractors, should be aware of some important changes to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and...more

DOL Continues Effort to Subject TRICARE Providers to Federal Equal Employment Opportunity Audits

Previously, we reported how the U.S. District Court for the District of Columbia found in UPMC Braddock v. Harris that providers of healthcare services are subject to federal equal employment opportunity mandates applicable...more

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc....more

USDOL Announces Effective Date Of New Affirmative Action Requirements For Federal Contractors And Subcontractors

As reported in the September 4th edition of The Fast Laner, the U.S. Department of Labor ("DOL") issued new regulations regarding affirmative action requirements for federal contractors and subcontractors. ...more

With Privilege Comes Responsibility

Gone are the days when being a federal contractor meant an expensive dinner with politicians, followed by getting a lucrative contract signed with the government, and breaking ground on some swamp land redevelopment only to...more

Am I An Employee?

As the U.S. economy, along with the job market, struggles through troubled times, more and more employers have latched on to the idea of using contracted workers rather than direct-hire employees in their operations — and...more

OFCCP Announces Big Changes for Federal Contractors’ Affirmative Action Obligations

The U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) just announced sweeping changes to the rules for federal government contractors that are required to prepare and maintain affirmative action...more

Bill Reintroduced that Would Give Department of Labor Authority to Manage Payments of Back Wages

The Streamlining Claims Processing for Federal Contractor Employees Act (H.R. 2747) was reintroduced to the House of Representatives by Rep. Tim Walberg (R – MI) on Friday, July 19th, 2013....more

Contractors Beware: Raising The Stakes In Davis-Bacon Compliance

A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects...more

Federal Contractor Employees Receive $300,000 Back Pay Award and Reinstatement

The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reached a settlement with a federal contractor at Fort Belvoir military base regarding employee wages....more

District Court Sides With DOL in Dispute Over Whether Healthcare Providers Are Government Contractors

In a significant victory for the U.S. Department of Labor (DOL), the U.S. District Court for the District of Columbia recently found providers of healthcare services are subject to federal equal employment opportunity...more

Airline Management Newsletter - March 2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

OFCCP Rescinds Its 2006 Compensation Standards in Favor of More Flexible Approach to Pay Discrimination Compliance Evaluations

Effective February 28, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) rescinded its much criticized 2006 Compensation Standards and Voluntary Guidelines (Compensation Standards)...more

OFCCP Announces New Tactics To Review Compensation

Be Ready To Defend Your Compensation Decisions - The Office of Federal Contract Compliance Programs (OFCCP), the U.S. Department of Labor agency that enforces federal contractor affirmative action requirements, has...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

OFCCP Issues Enforcement Guidance on Contractors' Use of Arrest and Conviction Records

On January 29, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs issued a Directive. pertaining to federal contractors’ use of arrest and conviction records in making employment decisions. This...more

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