News & Analysis as of

Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an...more

Keep Your Confidential Information Confidential

Most government contractors, or any company with confidential information or trade secrets, have confidentiality or non-disclosure agreements with their employees, subcontractors, or other entities they do business with....more

House Hearing Addresses NLRB's New Joint Employer Standard

Members of the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on a bill that would undo the new joint employer standard the National Labor Relations Board recently established. As previously...more

CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

A friendly reminder from the Contractors State License Board . . .   CSLB Urges Public Works Contractors to Renew Dept. of Industrial Relations Registration before October 1 to Avoid Hefty Penalty...more

Escrowed Payments May Leave Federal Subcontractors High and Dry

Companies providing products or services as subcontractors to prime federal contractors often struggle with how best to ensure prompt and full payments from primes. Prime contractors, particularly small business concerns,...more

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

Executive Order Extends Paid Sick Leave to Federal Contractors

Earlier this month, the paid sick leave epidemic that has spread to four states and at least 24 municipalities found its latest victim — federal contractors and subcontractors. Spurred by an Executive Order (the “Order”),...more

The Changing Compensation Landscape for Government Contractors: New Executive Order Mandates Paid Sick Leave for Employees of...

Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors...more

Planning for a Government Shutdown

As described in detail in a recent Washington Update, there is once again a reasonable likelihood that we are headed for a government shutdown beginning Thursday, October 1. This article puts aside politics to focus on the...more

FAR Thresholds Adjusted for Inflation

Under a final rule effective October 1, 2015, acquisition-related dollar thresholds in the Federal Acquisition Regulation (“FAR”) will be adjusted for inflation. Government contractors should be aware of these inflationary...more

Federal Contractors Beware – Part 8

On September 7, 2015, President Obama issued an executive order that will require federal contractors and subcontractors to provide their employees with up to seven or more paid sick leave days a year....more

Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

This past month, the California Court of Appeals for the Third District, in  James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction...more

Minimum Wage for Federal Contractors set to Increase

President Obama's Executive Order requiring certain federal contractors and subcontractors to pay an increased hourly minimum wage includes a mandate that the Secretary of Labor determine increases to the wage rate on an...more

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the...more

Inside the Mind of a Size Protest Lawyer

It is the end of the federal government’s fiscal year and ‘tis the season for protests. Protest lawyers are sharpening their keyboards. And some unfortunate small businesses are about to lose a hard-won contract due to a...more

Unpaid Subcontractors Gain Protection: the Supreme Court of Canada Clarifies the Builders’ Liens Act

An unpaid subcontractor has both a builder’s lien and a trust remedy, the Supreme Court of Canada (SCC) just determined in Stuart Olson Dominion Construction Ltd v Structal Heavy Steel, 2015 SCC 43. In a unanimous decision,...more

Organizational Conflicts of Interest

OVERVIEW - - Introduction to Organizational Conflicts of Interest (“OCI”) - Unequal Access to Information - Biased Ground Rules - Impaired Objectivity - Waiving an OCI - Strategic...more

Construction Case Law Update - September 15, 2015

Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more

Executive Orders: The Employment Transformers for Federal Contractors

As we have detailed on several occasions over the past year, President Obama has used executive orders to implement sweeping new workplace policies for federal contractors and their employees. For example, the president has...more

OFCCP Publishes Final Rule on Pay Transparency for Federal Contractors, Subcontractors

Federal contractors and subcontractors are prohibited from discriminating against employees or job applicants for inquiring about, discussing, or disclosing their compensation or the compensation of others now that the final...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

Construction & Engineering Alert - September 2015

Interpreting the payment provisions in construction contracts: clarification and guidance provided by the TCC To be effective, an application for payment needs to be free from ambiguity. It should state the sum...more

Blog: OFCCP Issues Final Rule Promoting Pay Transparency

On September 10, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) issued the Final Rule (RIN 1250-AA06) on pay transparency, which goes into effect on January 11, 2016. The Final Rule implements Executive...more

Two New Developments Affecting Federal Contractors

On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more

OFCCP Issues Regulations on "Pay Transparency"

Today the U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or...more

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