January 17, 2014
On January 6, 2014, the National Labor Relations Board (“NLRB”) announced that it “has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.” The NLRB’s decision leaves intact the appellate rulings in …
November 12, 2013
The answer: because the Wage and Hour Division says so. In what could be construed as a deliberate attempt to over-inflate wage rates for Davis Bacon Act (“DBA”) wage determinations, the Department of Labor’s Administrative Review Board (“ARB”) – in Coalition for Chesapeake Housing Development, ARB No. 12-010 (Admin. Rev. Bd. Sept. 25, 2013) - recently approved the use of “super groups” of…
October 31, 2013
In a recent case, a former Assistant Director of the FBI’s Criminal Investigative Division pled guilty to making prohibited post-employment contacts with government officials after he was hired as a consultant for a company under investigation by the FBI. In United States v. Kenneth Kaiser, No. 13-CR-10264, U.S. District Court for the District of Massachusetts, Mr. Kaiser pled guilty to one count…
September 25, 2013
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its regulations regarding individuals with disabilities and veterans (41 C.F.R. Parts 60-741 and 60-300). See 78 Fed. Reg. 58614; 78 Fed. Reg. 58682. The new regulations take effect on March 24, 2014. There are several items of note in these new regulations that will…
August 19, 2013
After a long lull, it appears that the regulatory agenda of the Office of Federal Contract Compliance Programs (OFCCP) is back in full swing. According to the Office of Management and Budget (OMB), the OFCCP recently submitted new affirmative action final rules for veterans and for persons with disabilities to OMB for approval and ultimate publication. The affirmative action rules…
July 26, 2013
In a series of regulatory actions, the limit on allowable costs for compensation of most contractor employees has been limited to the Executive Compensation Benchmark, a level of allowable compensation traditionally applied only to senior executives.
Previously, the Office of Federal Procurement Policy set a $763,029 cap for allowable costs incurred after January 1, 2011 related to senior…
June 20, 2013
Earlier this Spring, the Department of Labor’s Wage and Hour Division (“WHD”) issued All Agency Memorandum Number 213 on the Davis Bacon Act announcing a change in how agencies should determine wage rates for additional classifications that are conformed to an existing wage determination.
In the past, the Wage and Hour Division generally approved proposed wages for a conformed skilled craft when…
June 14, 2013
While it failed to fully resolve the matter at hand, the recent decision in CAE USA, Inc., ASBCA No. 58006 (May 23, 2013), promises a future answer to the question as to whether a Contracting Officer must supply not only the predecessor contractor’s collective bargaining agreement (CBA), but also full information as to the application and accrual of wages and fringe benefits.
The case involved an…
June 3, 2013
Over the last several years, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has become much more aggressive in how it investigates and prosecutes worker misclassification, Service Contract Act (“SCA”), Davis-Bacon Act (“DBA”), and Fair Labor Standards Act (“FLSA”) issues. Government contractors, as well as private sector employers without government contracts, should take note of…
April 19, 2013
As we have previously reported, the Office of Federal Contract Compliance Programs (OFCCP) has had the health care industry in its sights for some time. While most health care providers have never heard of the OFCCP, a recent decision by the U.S. District Court for the District of Columbia, UPMC Braddock v. Seth Harris (Acting Secretary of Labor), Civil Action No. 09-1210 (D.D.C. March 30, 2013),…
January 11, 2013
As we reported previously, one of the first Executive Orders issued after President Obama took office in 2009 related to a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Executive Order 13495, Nondisplacement of Qualified…
November 15, 2012
Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large…
January 17, 2014
On January 6, 2014, the National Labor Relations Board (“NLRB”) announced that it “has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.” The NLRB’s decision leaves intact the appellate rulings in …
November 12, 2013
The answer: because the Wage and Hour Division says so. In what could be construed as a deliberate attempt to over-inflate wage rates for Davis Bacon Act (“DBA”) wage determinations, the Department of Labor’s Administrative Review Board (“ARB”) – in Coalition for Chesapeake Housing Development, ARB No. 12-010 (Admin. Rev. Bd. Sept. 25, 2013) - recently approved the use of “super groups” of…
October 31, 2013
In a recent case, a former Assistant Director of the FBI’s Criminal Investigative Division pled guilty to making prohibited post-employment contacts with government officials after he was hired as a consultant for a company under investigation by the FBI. In United States v. Kenneth Kaiser, No. 13-CR-10264, U.S. District Court for the District of Massachusetts, Mr. Kaiser pled guilty to one count…
September 25, 2013
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its regulations regarding individuals with disabilities and veterans (41 C.F.R. Parts 60-741 and 60-300). See 78 Fed. Reg. 58614; 78 Fed. Reg. 58682. The new regulations take effect on March 24, 2014. There are several items of note in these new regulations that will…
August 19, 2013
After a long lull, it appears that the regulatory agenda of the Office of Federal Contract Compliance Programs (OFCCP) is back in full swing. According to the Office of Management and Budget (OMB), the OFCCP recently submitted new affirmative action final rules for veterans and for persons with disabilities to OMB for approval and ultimate publication. The affirmative action rules…
July 26, 2013
In a series of regulatory actions, the limit on allowable costs for compensation of most contractor employees has been limited to the Executive Compensation Benchmark, a level of allowable compensation traditionally applied only to senior executives.
Previously, the Office of Federal Procurement Policy set a $763,029 cap for allowable costs incurred after January 1, 2011 related to senior…
June 20, 2013
Earlier this Spring, the Department of Labor’s Wage and Hour Division (“WHD”) issued All Agency Memorandum Number 213 on the Davis Bacon Act announcing a change in how agencies should determine wage rates for additional classifications that are conformed to an existing wage determination.
In the past, the Wage and Hour Division generally approved proposed wages for a conformed skilled craft when…
June 14, 2013
While it failed to fully resolve the matter at hand, the recent decision in CAE USA, Inc., ASBCA No. 58006 (May 23, 2013), promises a future answer to the question as to whether a Contracting Officer must supply not only the predecessor contractor’s collective bargaining agreement (CBA), but also full information as to the application and accrual of wages and fringe benefits.
The case involved an…
June 3, 2013
Over the last several years, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has become much more aggressive in how it investigates and prosecutes worker misclassification, Service Contract Act (“SCA”), Davis-Bacon Act (“DBA”), and Fair Labor Standards Act (“FLSA”) issues. Government contractors, as well as private sector employers without government contracts, should take note of…
April 19, 2013
As we have previously reported, the Office of Federal Contract Compliance Programs (OFCCP) has had the health care industry in its sights for some time. While most health care providers have never heard of the OFCCP, a recent decision by the U.S. District Court for the District of Columbia, UPMC Braddock v. Seth Harris (Acting Secretary of Labor), Civil Action No. 09-1210 (D.D.C. March 30, 2013),…
January 11, 2013
As we reported previously, one of the first Executive Orders issued after President Obama took office in 2009 related to a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Executive Order 13495, Nondisplacement of Qualified…
November 15, 2012
Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large…
