Weekly Update Newsletter - November 2015

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GOVERNMENT CONTRACTS

Application of the Fair Labor Standards Act to Domestic Service

The Department of Labor (Department) previously announced that it would not bring enforcement actions against any employer for violations of Fair Labor Standards Act (FLSA) obligations resulting from amendments to its domestic service regulations for 30 days after the U.S. Court of Appeals for the District of Columbia issued a mandate making its opinion affirming the validity of the regulatory changes effective.  The court issued its mandate on October 13, 2015; the Department's 30-day non-enforcement period will conclude on November 12, 2015, 80 Fed. Reg. 65646.  

SMALL BUSINESS ADMINISTRATION

New System of Records for SBA

The Small Business Administration (SBA) has proposed addition of a new system of records, Veteran Programs Training and Counseling Records, to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. §552a), as amended, 80 Fed. Reg. 65843.  This action takes effect on December 11, 2015.

VETERANS AFFAIRS

VA Veteran-Owned Small Business (VOSB) Verification Guidelines

The Department of Veterans Affairs (VA) proposed an amendment to its regulations governing the VA Veteran-Owned Small Business (VOSB) Verification Program.  The VA seeks to find an appropriate balance between preventing fraud in the Veterans First Contracting Program and providing a process that would make it easier for more VOSBs to become verified.  This proposed rule would clarify the eligibility requirements for businesses to obtain “verified” status, add and revise definitions, reorder requirements, redefine the definition of “control,” and explain examination procedures and review processes.  This proposed rule would also implement new changes—references to community property restrictions, “unconditional” ownership, day-to-day requirements, and full-time requirements will be removed, revised and/or limited in scope and an exception for majority, supermajority, unanimous, or other voting provisions for extraordinary business decisions would also be added, 80 Fed. Reg. 68795.  Comments are due on, or before, January 5, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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