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The Department of Labor Significantly Increases Salary Thresholds for Overtime Exemptions

The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation. Under a two-step...more

DoD Contractor Requirement to Disclose Greenhouse Gas Emissions Has Been Halted

In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions. On November 14, 2022, the...more

The Scope of the Proposed Disclosure and Reduction Requirements Concerning Greenhouse Gas Emissions Would Impose Substantial...

The Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors. Most federal contractors,...more

Proposed Rule on Greenhouse Gas Emissions Would Impose Significant Compliance Obligations on Federal Contractors

The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions. Most federal contractors,...more

U.S. Supreme Court to Resolve a Circuit Split Involving Qui Tam Actions

The Court will decide whether the government can dismiss qui tam actions after initially declining to intervene and what standard courts should apply to the government’s dismissal request. The Supreme Court agreed to...more

$15/Hour Minimum Wage for Many Federal Contractors to Take Effect

The federal government, led by the U.S. Department of Labor, is moving forward on implementing the provisions of President Biden’s Executive Order 14026, which was signed in April 2021. Most new federal government contracts...more

The Vaccine Mandate for Government Contractors

The Safer Federal Workforce Task Force recently issued guidance that requires the vast majority of prime contractors and subcontractors to ensure that their covered contractor employees, including those working remotely, are...more

DoL Rule Increases Minimum Wage to $15 for Many Federal Contractors

Through a proposed rule published on July 22, 2021, the Department of Labor is implementing Executive Order 14026. The new rule and Executive Order will require federal service, construction contractors and subcontractors to...more

New GSA Regulations Governing Foreign Ownership Disclosure

GSA issues new regulations requiring certification as to foreign ownership and foreign financing of high-security leased space. Effective June 30, 2021, GSA has adopted new regulations mandating the disclosure of foreign...more

Congress Requires Foreign Ownership Disclosures for Federal Government Tenancies of “High-Security Leased Spaces”

Federal government lessees seeking to occupy high-security spaces in foreign-owned buildings will be required to obtain complete beneficial ownership and impose access restrictions on owners and property managers. The...more

New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation

The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law. The Procurement Integrity Act (PIA) governs...more

Numerous Jurisdictions Have Now Issued COVID-19 Orders Impacting Government Contractors

Varied Executive Orders, in increasing numbers, have closed nonessential businesses and services across the country, with a variety of implications for government contractors. An increasing number of States—now numbering...more

Reconciling Stay-at-Home Orders and the Defense Production Act

As state and local governments issue shelter in place directives that keep workers at home and close production lines, businesses advocating to remain open should consider whether the Defense Production Act supports their...more

President Trump Invoked the Defense Production Act: What Are the Implications?

As a result of the COVID-19 pandemic, President Trump invoked his wartime authority under the Defense Production Act (the Act) to fulfill orders deemed necessary for national defense. The Act allows the federal government...more

ASBCA Annual Report: Not All the News Is Positive for Contractors

The Armed Services Board of Contract Appeals (ASBCA) reduced its docket for the fifth consecutive year, signaling potentially faster appeals for contractors. The ASBCA also continued to resolve matters through alternate...more

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

Recent U.S. Postal Service Board of Contract Appeals Decision Sheds New Light on “Holdover” Damages Available to Government...

For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more

Section 809 Panel: The Commercialization of Government Contracting

The Section 809 Panel has issued a series of recommendations to the DoD. This second installment of Pillsbury’s Section 809 Alerts focuses on recommendations to better align DoD’s acquisition process with the private...more

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...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

When Is a Successful Protester Not a “Prevailing Party”? - Agency’s decision to take corrective action in a bid protest at the...

In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more

Lining Up to Protest - Bid protest dismissed as company fails to allege it was “next in line” for award

The United States Court of Federal Claims, in a decision issued February 10, 2015, dismissed the bid protest complaint filed in Universal Marine Company, K.S.C. v. United States, No. 14-1115C because the protester was not...more

OSHA Proposal Would Require E-Reporting and Public Posting of Injury and Illness Data

On November 8, 2013, the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor proposed a new rule which, if adopted, will require employers to electronically report injury and illness data on a...more

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