August 10, 2015
Last week marked the 25th anniversary of the enactment of the Americans with Disabilities Act (ADA). However, National Public Radio reported that those with disabilities are twice as likely to experience poverty, in part because barriers to employment persist. The Department of Justice (DOJ) actively enforces the ADA to ensure that failure to comply with the law does not contribute…
July 20, 2015
Last July, Executive Order 13673, “Fair Play and Safe Workplaces” required contractors to disclose certain safety violations and directed procuring agencies to consider those violations as part of the determination of whether a contractor has a satisfactory record of integrity and business ethics. It also made clear that, while each contractor’s disclosed violations are assessed on a case?by?case…
July 6, 2015
You are a small business, and believe you have the inside track on a substantial services contract opportunity. You have prepared your proposal, including pricing, and proposals are due mid-day tomorrow. You know the procurement is proceeding on a fast-track, with scheduled contract start-up in a month. However, the agency has just thrown a monkey wrench into the works by…
May 22, 2015
In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting…
March 9, 2015
1970. Ford produced its first Pinto. Ronald Reagan was re-elected governor of California. Claudia Schiffer was born. The Kansas City Chiefs won the Super Bowl. And the current Federal Sex Discrimination Guidelines (Guidelines) were written. At the time, no one could have imagined that the Pinto would develop a reputation as one of the worst cars ever made,…
January 27, 2015
The FAR Council recently issued a new Interim Rule (correction here), implementing President Obama’s Executive Order 13658 establishing a $10.10 per hour minimum wage for employees of covered federal contractors and subcontractors starting January 1, 2015. The new Rule also implements, for FAR-covered contracts, the Final Rule issued by the Department of Labor (DOL) on October 10, 2014,…
December 16, 2014
Last week, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule revising its regulations to implement amendments to Executive Order (EO) 11246 and EO 11478 made by EO 13672, which was signed by President Obama on July 21, 2014. Reflecting the recent Executive Order, the new rule adds sexual orientation and gender identity to the prohibited bases of discrimination…
October 21, 2014
On October 10, 2014, the Department of Labor (DOL) issued its final rule, raising the minimum wage for employees of covered federal government contractors. The rule implements Executive Order 13658 which was announced by the president in February and published as a proposed rule by the DOL in June. While not all of the thousands of comments led to changes in the final rule, the DOL did address…
October 14, 2014
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) recently announced that Shell Oil Co. (Shell) and Motiva Enterprises LLC, which is partially owned by Shell and markets Shell gasoline and other products, have agreed to pay nearly $4.5 Million in overtime back wages to 2,677 current and former chemical and refinery employees. (DOL Press Rel. No. 14-1645-DAL, dated 09/16/14.)…
August 12, 2014
On July 31, 2014, President Obama signed an Executive Order placing new restrictions and burdens on federal contractors directly related to labor and employment law compliance issues. The Executive Order became effective upon signing. Fair Pay and Safe Workplaces Executive Order. It applies to both prime contractors and subcontractors of all tiers, to the extent the applicable…
August 12, 2014
On August 8, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published new proposed regulations in the Federal Register to amend and supplement existing 41 C.F.R. § 60-1.7. 79 FR 46561. The proposed regulations will require contractors and subcontractors with more than 100 employees and contracts or subcontracts valued at more than $50,000 over a performance…
March 11, 2014
Contractors should be aware of two Rules recently adopted by DOD – both effective February 28, 2014. First, DOD adopted a final rule implementing statutory amendments enhancing whistleblower protections for contractor and subcontractor employees. Second, DOD issued an interim rule allowing its litigation support contractors access to a broad range of “litigation information,” including…
August 10, 2015
Last week marked the 25th anniversary of the enactment of the Americans with Disabilities Act (ADA). However, National Public Radio reported that those with disabilities are twice as likely to experience poverty, in part because barriers to employment persist. The Department of Justice (DOJ) actively enforces the ADA to ensure that failure to comply with the law does not contribute…
July 20, 2015
Last July, Executive Order 13673, “Fair Play and Safe Workplaces” required contractors to disclose certain safety violations and directed procuring agencies to consider those violations as part of the determination of whether a contractor has a satisfactory record of integrity and business ethics. It also made clear that, while each contractor’s disclosed violations are assessed on a case?by?case…
July 6, 2015
You are a small business, and believe you have the inside track on a substantial services contract opportunity. You have prepared your proposal, including pricing, and proposals are due mid-day tomorrow. You know the procurement is proceeding on a fast-track, with scheduled contract start-up in a month. However, the agency has just thrown a monkey wrench into the works by…
May 22, 2015
In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting…
March 9, 2015
1970. Ford produced its first Pinto. Ronald Reagan was re-elected governor of California. Claudia Schiffer was born. The Kansas City Chiefs won the Super Bowl. And the current Federal Sex Discrimination Guidelines (Guidelines) were written. At the time, no one could have imagined that the Pinto would develop a reputation as one of the worst cars ever made,…
January 27, 2015
The FAR Council recently issued a new Interim Rule (correction here), implementing President Obama’s Executive Order 13658 establishing a $10.10 per hour minimum wage for employees of covered federal contractors and subcontractors starting January 1, 2015. The new Rule also implements, for FAR-covered contracts, the Final Rule issued by the Department of Labor (DOL) on October 10, 2014,…
December 16, 2014
Last week, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule revising its regulations to implement amendments to Executive Order (EO) 11246 and EO 11478 made by EO 13672, which was signed by President Obama on July 21, 2014. Reflecting the recent Executive Order, the new rule adds sexual orientation and gender identity to the prohibited bases of discrimination…
October 21, 2014
On October 10, 2014, the Department of Labor (DOL) issued its final rule, raising the minimum wage for employees of covered federal government contractors. The rule implements Executive Order 13658 which was announced by the president in February and published as a proposed rule by the DOL in June. While not all of the thousands of comments led to changes in the final rule, the DOL did address…
October 14, 2014
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) recently announced that Shell Oil Co. (Shell) and Motiva Enterprises LLC, which is partially owned by Shell and markets Shell gasoline and other products, have agreed to pay nearly $4.5 Million in overtime back wages to 2,677 current and former chemical and refinery employees. (DOL Press Rel. No. 14-1645-DAL, dated 09/16/14.)…
August 12, 2014
On July 31, 2014, President Obama signed an Executive Order placing new restrictions and burdens on federal contractors directly related to labor and employment law compliance issues. The Executive Order became effective upon signing. Fair Pay and Safe Workplaces Executive Order. It applies to both prime contractors and subcontractors of all tiers, to the extent the applicable…
August 12, 2014
On August 8, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published new proposed regulations in the Federal Register to amend and supplement existing 41 C.F.R. § 60-1.7. 79 FR 46561. The proposed regulations will require contractors and subcontractors with more than 100 employees and contracts or subcontracts valued at more than $50,000 over a performance…
March 11, 2014
Contractors should be aware of two Rules recently adopted by DOD – both effective February 28, 2014. First, DOD adopted a final rule implementing statutory amendments enhancing whistleblower protections for contractor and subcontractor employees. Second, DOD issued an interim rule allowing its litigation support contractors access to a broad range of “litigation information,” including…
