News & Analysis as of

Federal Contractors

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

by Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

Bankruptcy Fails to Save Contractor from Multimillion Dollar SCA Back Wage Liability

by PilieroMazza PLLC on

Any contractor who has been subject to a Department of Labor (“DOL”) investigation knows what unease feels like, even if there is no reason to believe the company will be subject to liability. One of the first questions we...more

How Loans Can Impact Size and Status

by PilieroMazza PLLC on

It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential...more

Deadlines Approach for Government Contractors on Cybersecurity Compliance

Government contractors are subject to cybersecurity requirements, found in the Federal Acquisition Regulation (FAR) and each agency’s supplement to the FAR, and some important deadlines are fast approaching. Set forth below...more

DOL Announces Minimum Wage Increase for Federal Contractors

by Ballard Spahr LLP on

The U.S. Department of Labor has announced an upcoming increase to the minimum wage rate for contractors working on or in connection with contracts covered by Executive Order 13658, which applies to certain federal...more

Department of Labor Announces Increase to Minimum Wage for Government Contractors

by Reed Smith on

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will increase to $10.35 per hour. The current minimum wage under Executive Order...more

Federal Contractor Minimum Wage Increase Announced – Changes Effective January 1, 2018

On September 15, 2017, the Department of Labor announced an increase in the minimum wage that certain federal contractors must pay to employees. This comes as part of a planned incremental increase in the federal contractor...more

One Potential Remedy for FCA Overreach?

Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more

California Countdown: Which Labor & Employment Bills Will the Governor Sign?

by Littler on

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon...more

Made in the USA: Executive Order Promotes Strict Adherence to Buy American Laws and Signals Potential Legal Reform in Fall 2017

“It shall be the policy of the executive branch to buy American and hire American.” On April 18, 2017, President Trump announced this policy in an executive order, aptly titled “Buy American and Hire American.” The order...more

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

Finally, Recovery of Attorney Fees for Government Overreach

by Faegre Baker Daniels on

There are two major, interrelated reasons why government contractors, including Medicare providers, are so afraid of the False Claims Act (FCA). One is the draconian nature of the liability: treble damages plus up to $21,916...more

Lessons From a Year of Escobar

by Pepper Hamilton LLP on

It has been one year since the U.S. Supreme Court’s landmark ruling in Universal Health Services v. United States ex rel. Escobar, which resolved a circuit split as to the validity of the implied false certification theory...more

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more

OFCCP Holds First of Three Compliance Assistance Town Hall Meetings

As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington,...more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

OFCCP Offers More Hurricane Relief

On the heels of the exemption for Hurricane Harvey contractors, and given the additional widespread destruction caused by Hurricane Irma, the federal government has extended a deadline affecting federal contractors and...more

Hurricane Recovery Contractors Beware

by Bass, Berry & Sims PLC on

The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that...more

Minimum Wage For Federal Contractors Increased Effective January 1, 2018

by Jackson Lewis P.C. on

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour. The announcement was made via posting in the federal...more

Further Hurricane Relief for Federal Contractors: No Citation for Late Veterans Reports

The U.S. Department of Labor (DOL) recently announced that federal contractors will not be cited for filing their VETS-4212 reports late—as long as they are filed by November 15, 2017. The DOL has made the change in another...more

2018 "Contractor Minimum Wage" Rate Released

by Fisher Phillips on

The U.S. Labor Department has published the 2018 wage-rate floor required by Executive Order 13658, "Establishing A Minimum Wage for Contractors". Beginning on January 1, 2018, the minimum rate will increase by 15 cents per...more

Weekly Update Newsletter - September 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Department of Veterans Affairs Withdrawal of Proposed Rule. Federal Register, September 1, 2017. Retrieved from federalregister.gov - The Department of Veterans Affairs (VA) published a rule in...more

VETS-4212 Filing Deadline Extended

by Jackson Lewis P.C. on

VETS has announced a 45-day extension to the 2017 VETS-4212 filing deadline. The deadline has been extended from September 30, 2017 to November 15, 2017. In a post on it’s website, VETS stated-...more

New Federal Contracts Providing Hurricane Relief Get Some Relief From OFCCP Requirements

On August 31, 2017, the U.S. Department of Labor (DOL) announced that the agency will support Hurricane Harvey and Irma relief efforts in a number of ways, including by relaxing federal contractors’ requirements on a...more

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