October 18, 2012
A general contractor constructing buildings at Fort Campbell, KY learned the hard way in United States of America ex rel. Wall v. Circle C Construction, LLC, No. 10-5645 (6th Cir. Oct. 1, 2012) that certified payrolls are important for itself and all of its subcontractors. Failure to comply with the Davis Bacon Act resulted in a seven figure False Claims Act judgment against the prime…
August 10, 2012
Who says you cannot bill the government – and get paid - for all hours actually worked by salaried employees, including hours in excess of forty hours per week? Under certain circumstances and using certain contract clauses, the Armed Services Board of Contract Appeals (“ASBCA”), in GaN Corporation, ASBCA No. 57834 (July 13, 2012), says this is perfectly acceptable.
The…
March 30, 2012
On Friday, March 2, 2012, United States District Court for the District of Columbia Judge Amy Berman Jackson partially affirmed and partially struck down the National Labor Relations Board’s (“NLRB”) “Notification of Employee Rights Under the National Labor Relations Act” regulations in National Association of Manufacturers v. National Labor Relations Board, No. 1:11-cv-01629-ABJ (D.D.C. March 2,…
February 16, 2012
Michael Schrier will be a presenter at the upcoming American Subcontractors Association (ASA) Business Forum and Convention 2012 on March 1-3, 2012 in San Antonio, Texas. Mr. Schrier’s presentation titled, “Employee or Independent Contractor? Getting Worker Classification Right” will discuss how the IRS and states enforce classification rules and available resources to help you…
February 15, 2012
Jackson Kelly attorney Hopewell Darneille recently helped prepare comments submitted by the Council of Defense and Space Industry Associations (“CODSIA”) opposing the United States Department of Agriculture (“USDA”) Acquisition Regulation (“AGAR”) proposed new Clause 452.222-7001, “Labor Law Violations.” USDA’s proposal was published in the Federal Register on December 1, 2011, as both a “direct…
November 4, 2011
On November 2, 2011, two new pro-union FAR provisions were published as final rules. First, FAR 22.1600 through 1605 and 52.222-40 – concerning Notification Of Employee Rights Under The National Labor Relations Act were finalized. See http://www.gpo.gov/fdsys/pkg/FR-2011-11-02/pdf/2011-27779.pdf. Interim regulations on the same subject were published on December 13, 2010, …
April 29, 2011
On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking to eliminate 41 C.F.R. Part 60-250, as obsolete, and replace the existing 41 C.F.R. Part 60-300 with new regulations. These regulations implement the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”), as amended, 38 U.S.C. §…
May 27, 2010
On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office.
The Obama policy revoked Executive Order 13201 and reversed the…
October 18, 2012
A general contractor constructing buildings at Fort Campbell, KY learned the hard way in United States of America ex rel. Wall v. Circle C Construction, LLC, No. 10-5645 (6th Cir. Oct. 1, 2012) that certified payrolls are important for itself and all of its subcontractors. Failure to comply with the Davis Bacon Act resulted in a seven figure False Claims Act judgment against the prime…
August 10, 2012
Who says you cannot bill the government – and get paid - for all hours actually worked by salaried employees, including hours in excess of forty hours per week? Under certain circumstances and using certain contract clauses, the Armed Services Board of Contract Appeals (“ASBCA”), in GaN Corporation, ASBCA No. 57834 (July 13, 2012), says this is perfectly acceptable.
The…
March 30, 2012
On Friday, March 2, 2012, United States District Court for the District of Columbia Judge Amy Berman Jackson partially affirmed and partially struck down the National Labor Relations Board’s (“NLRB”) “Notification of Employee Rights Under the National Labor Relations Act” regulations in National Association of Manufacturers v. National Labor Relations Board, No. 1:11-cv-01629-ABJ (D.D.C. March 2,…
February 16, 2012
Michael Schrier will be a presenter at the upcoming American Subcontractors Association (ASA) Business Forum and Convention 2012 on March 1-3, 2012 in San Antonio, Texas. Mr. Schrier’s presentation titled, “Employee or Independent Contractor? Getting Worker Classification Right” will discuss how the IRS and states enforce classification rules and available resources to help you…
February 15, 2012
Jackson Kelly attorney Hopewell Darneille recently helped prepare comments submitted by the Council of Defense and Space Industry Associations (“CODSIA”) opposing the United States Department of Agriculture (“USDA”) Acquisition Regulation (“AGAR”) proposed new Clause 452.222-7001, “Labor Law Violations.” USDA’s proposal was published in the Federal Register on December 1, 2011, as both a “direct…
November 4, 2011
On November 2, 2011, two new pro-union FAR provisions were published as final rules. First, FAR 22.1600 through 1605 and 52.222-40 – concerning Notification Of Employee Rights Under The National Labor Relations Act were finalized. See http://www.gpo.gov/fdsys/pkg/FR-2011-11-02/pdf/2011-27779.pdf. Interim regulations on the same subject were published on December 13, 2010, …
April 29, 2011
On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking to eliminate 41 C.F.R. Part 60-250, as obsolete, and replace the existing 41 C.F.R. Part 60-300 with new regulations. These regulations implement the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”), as amended, 38 U.S.C. §…
May 27, 2010
On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office.
The Obama policy revoked Executive Order 13201 and reversed the…
