On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts...more
7/29/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Retention ,
Employees ,
Executive Orders ,
Federal Contractors ,
Regulatory Reform ,
Regulatory Requirements ,
Service Contract Act ,
Service Contracts ,
Successors
In an effort to counteract the economic damage wrought by the COVID-19 Pandemic, Congress passed the Infrastructure Investment and Jobs Act in November of 2021. Part of that bill set aside $370 billion to improve and expand...more
On July 5, 2022, the U.S. Department of Treasury issued updated guidance that confirmed that Alaska Native Corporations are subject to the requirements of the Single Audit Act and its implementing regulations...more
With inflation in the United States ballooning 8.2% since April of 2022, government contractors with firm fixed price (FFP) contracts are looking for relief. Unfortunately, the Department of Defense (DoD) recently issued a...more
On February 4, 2022, President Biden issued Executive Order 14063, which requires federal agencies engaging in “large scale” federal construction contracts to include in their solicitation and construction contracts a...more
In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule...more
As Alaska’s special election to replace U.S. Congressman Don Young heats up, it is important to remember there are election law restrictions and requirements that apply to Alaska Native Corporations. For example, there are...more
On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more
4/12/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Jurisdiction ,
Oral Argument ,
Regulatory Mandates ,
Remand ,
Reversal ,
Vaccinations
On March 30, 2022, the Ninth Circuit Court of Appeals issued a decision in Oertwich v. Traditional Village Of Togiak, No. 19-36029 (9th Cir.) that has potential implications for tribal sovereign immunity, including...more
On April 1, 2022, the Alaska Supreme Court issued Borer v. The Eyak Corporation, which may impact Alaska Native Corporation boards of directors and their corporate governance structures and policies. Courts only resolve...more
4/6/2022
/ AK Supreme Court ,
Alaska ,
Board of Directors ,
Business Litigation ,
Bylaws ,
Code of Conduct ,
Confidentiality Agreements ,
Corporate Counsel ,
Corporate Governance ,
Fiduciary Duty ,
Policies and Procedures ,
Shareholders
CRF Payments to ANCs and Their Shareholders Are Not Taxable On January 21, 2022, the Department of the Treasury held a consultation with Alaska Native Corporations on the federal income tax consequences of Coronavirus Relief...more
Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction -
Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more
3/25/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Federal Contractors ,
Georgia ,
Injunctions ,
Oral Argument ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations
On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23,...more
On February 28, 2022, the U.S. Department of Treasury issued revised and updated Compliance and Reporting Guidance for the American Rescue Act of 2021’s Coronavirus State and Local Fiscal Recovery Fund. The new Compliance and...more
The Small Business Administration, which is a U.S. government agency that supports small businesses and entrepreneurs, requires that participants in its programs meet the size standard SBA has adopted for the business’s...more
Updated February 24, 2022 -
Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval...more
Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness Decisions (“2022 Notice”)...more
The Infrastructure Investment and Jobs Act from the U.S. Congress, signed into law November 15 by President Biden, provides $1.2 trillion to rebuild roads and bridges, water infrastructure, resilience, and internet, with a...more
2/16/2022
/ Biden Administration ,
Bridges ,
Broadband ,
Energy Projects ,
Energy Sector ,
Highways ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Roads ,
Transportation Industry ,
Utilities Sector ,
Water
Implementation of the federal contractor vaccine mandate remains subject to a nationwide injunction issued by the U.S. District Court for the Southern District of Georgia. The federal government has appealed this injunction...more
On January 28, 2022, the Small Business Administration announced that it had issued its Tribal Consultation Policy of 2022. In this policy, SBA stated that “it is the policy of the U.S. Small Business Administration (SBA or...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act assigned the U.S. Department of Treasury Office of Inspector General (OIG) responsibility for compliance monitoring and oversight of the receipt, disbursement,...more
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), finding that the challengers to the...more
1/20/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American...more
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has...more