Subcontractors

News & Analysis as of

Reminder for N.Y. Employers: Significant Labor Law Amendments Take Effect February 27

As we previously reported, the New York State Legislature last June passed a Bill, intended to revitalize the Wage Theft Prevention Act (WTPA), that proposed significant changes to the state’s labor laws. Among other things,...more

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pass-Through?

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more

Fourth District Reverses Lower Court Ruling in Construction Defect Litigation

On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586. The case is significant in...more

Managing Retail Employer Risk and the Janitorial Services Contractor-Subcontractor Relationship

Discount retailer Ross Stores, Inc.'s ("Ross") recent proposed settlement of a California labor law class action filed by immigrant and low wage subcontractors related to janitorial services performed in its Ross Dress for...more

SBA Proposes Sweeping Changes to Small Business Affiliation Rules

The SBA is on a roll! It seems that ringing in the new year has invigorated the agency, prompting it to act on the various outstanding directives set forth in the National Defense Authorization Act for Fiscal Year 2013...more

SBA Proposes Subcontracting Reforms and Other Changes

In this presentation: - Hot off the presses: SBA’s proposed rule for the new mentor-protégé program for all small businesses - How the limitations on subcontracting currently work - Changes to the...more

New York Statute Aims to Curb Abuse of Certificates of Insurance

A certificate of insurance (“COI”) is a document issued by an insurer or broker that evidences the existence of insurance coverage under specific circumstances. On January 28, 2015, New York’s Governor Andrew Cuomo signed...more

Weekly Update Newsletter - February 2015

GOVERNMENT CONTRACTS - DOL Issues Notice of Proposed Rulemaking Regarding Discrimination on the Basis of Sex - The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a...more

Closing the Loop: The Proposal of New Subcontracting Limitations on Small Businesses

Many small business government contractors may have to rethink the way they do business. The Small Business Administration issued a proposed rule at the end of December to implement provisions of the National Defense...more

California Court of Appeals Determines Subcontractor is Unable to Maintain Cross-Claims for Equitable Indemnity and Contribution...

In State Ready Mix, Inc. v. Moffatt & Nichol, 232 Cal. App. 4th 1227 (2015), the California Court of Appeals considered whether a subcontractor could maintain cross-claims for equitable indemnity and contribution against the...more

2014 Construction SuperConference Recap and Lessons for 2015 [Video]

Pepper Hamilton has been a longtime supporter of the Construction SuperConference, the preeminent construction conference for mid- to senior-level professionals who work in any of the legal and commercial construction...more

OFCCP’s Proposed Sex Bias Rules Continue Agency’s Focus on Compensation, Gender Identity, and Pregnancy Accommodation

On January 28, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) to replace the current sex discrimination guidelines. This updated rule is intended to reflect...more

Third-party lawsuits and construction worksite accidents

According to the U.S. Bureau of Labor Statistics, more than 8,000 American employees are injured on the job every day. Some of these injuries are relatively minor, requiring only a short recovery period....more

New Government Contractor Regulations Define and Prohibit Workplace Sexual Bias - The Guidelines Are in Fact Requirements for...

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has proposed the first major substantive changes to its Sex Discrimination Guidelines in more than 40 years. The new regulations are significant...more

OFCCP Announces Intent To Publish Updated Rules Prohibiting Sex Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) recently announced its intent to update rules prohibiting sex discrimination by federal contractors and subcontractors. The OFCCP published a Notice of Proposed...more

Human Trafficking and Government Procurement: New Requirements for U.S. Federal Contractors

On January 29, the U.S. Government released a final rule establishing new anti-human trafficking requirements for U.S. government contractors. The rule amends the Federal Acquisition Regulation (“FAR”) and seeks to strengthen...more

Federal Acquisition Regulation: Amendments to Strengthen Prohibitions Against Trafficking

On January 29, 2015, the U.S. Government released a final rule amending the Federal Acquisition Regulation (“FAR”). The final rule reflects changes to proposed amendments originally released in September 2013. The...more

Weekly Update Newsletter - January 2015 #3

GOVERNMENT CONTRACTS - DoD Issues Proposed Rule to Amend DFARS Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR) (DFARS Case 2014-D015) - The Department of Defense (DoD) issued a...more

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with...more

Final Anti-Human Trafficking FAR and DFARS Rules Create Significant New Supply Chain Burdens and Liabilities for Government...

On January 29, 2015, the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA) and the General Services Administration (GSA) published the final anti-human trafficking rule amending the current...more

Groundbreaking Change to Rules for Federal Contractors Aims to Stamp Out Human Trafficking Up and Down the Supply Chain

Companies that contract with the federal government will soon be subject to new rules aimed to stamp out human trafficking (see discussion of some of the existing rules and regulations here and here). The just-released...more

New Notice, Registration and Reporting Requirements for California Public Works Projects

- Effective July 1, 2014, (or a later date if DIR's online registration system was not in place on that date) contractors and subcontractors working on "public works" projects were required to register with the California...more

Reminder - Maryland's Prevailing Wage Law for Elementary and Secondary School Construction Projects is in Effect

Maryland's new prevailing wage law for elementary and secondary school construction projects (HB 727/SB 232 from the 2014 General Assembly session) is in effect. This law requires all such construction projects costing more...more

Is Your Company Prepared? Proposed Rule Changes Targeting Discrimination on the Basis of Sex, Gender Identity and Gender Norms

The U.S. Department of Labor recently announced a proposed rule change that would rescind the existing Sex Discrimination Guidelines found at 41 C.F.R. part 60-20 and replace those provisions with new rules regarding current...more

Proposed Rule Would Give Federal Contractors a New Way to Report Agency Mismanagement and Misconduct

Over the last few years the world of federal contracting has seen an increased focus on the False Claims Act, the prevention of fraud, and the strengthening of fraud-related penalties. 2015 will certainly be no different....more

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