Government Contracts Legal Forum

Category Archives: Labor

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Under Siege: Trade Associations Rap White House for Flood of EOs Targeting Contractors

Posted in Compliance, Government Contracting, Labor
In an August 3 letter to the White House, four trade associations (the AIA, PSC, NDIA, and ITIC) requested “on behalf of the thousands of companies … that no further presidential directives primarily focused on government contractors be issued for the foreseeable future.”  The letter (linked here) cited a dozen recent executive orders related to… Continue Reading

VIDEO: FCA Litigation — Determining Damages, Whistleblower Employees, and Tricky Issues

Posted in Employment, False Claims, Labor
Partner Mark Troy, in this three-part video series, provides an overview of the trends in False Claims Act litigation that are likely to affect companies in the coming year, including the proper measure of damages and how to deal with whistleblower employees and enforce contractual releases. All three videos are embedded below for viewing. For… Continue Reading

Comment Period for “Fair Pay and Safe Workplaces” Extended Again

Posted in Employment, Labor
In an August 3 letter to eight committee and subcommittee chairs, the FAR Council and the Department of Labor indicated that the comment period for the “Fair Pay Safe Workplaces” proposed FAR Rule and related DOL Guidance would be extended to August 26 (from the current date of August 11, 2015).  On July 15, as… Continue Reading

Congressional Committee Chairs Request that OFPP and DoL Withdraw “Fair Pay” Proposed Rule and Guidance

Posted in Employment, Labor
On July 15, 2015, the Chairmen of the House committees of jurisdiction sent a letter to Labor Secretary Tom Perez and OFPP Administrator Anne Rung regarding the “Fair Pay and Safe Workplaces” Proposed Rule and Guidance.  Citing the myriad legal, procedural and substantive flaws in the EO and resulting Proposed Rule and Guidance (previously discussed… Continue Reading

FAR Council and DOL Extend “Fair Pay and Safe Workplaces” Comment Period

Posted in Employment, Ethics & Compliance, Labor, Legal Developments, Reporting and Disclosure, Small Business
In response to several requests from industry to extend the a 60-day comment period for the proposed rulemaking (NPRM) and guidance implementing the “Fair Pay and Safe Workplaces Executive Order,” the FAR Council and the DoL have extended the comment period to August 11, 2015 (from the current date of July 27, 2015). As discussed… Continue Reading

Join Crowell & Moring for a Webinar on the New “Fair Pay and Safe Workplaces” Proposed Rule and Guidance

Posted in Employment, Ethics & Compliance, Labor, Reporting and Disclosure, Responsibility, Small Business
Please join us on Wednesday, June 10, 2015, from 1:00 p.m. – 2:00 p.m., as Crowell & Moring presents the webinar, “Fair Pay and Safe Workplaces Proposed Rule and Guidance: What You Need to Know.” On May 28, 2015, the Obama Administration published the highly-anticipated proposed FAR rule and proposed DOL guidance implementing the Fair… Continue Reading

Obama Administration Issues Proposed Rule and Guidance for Implementing “Fair Pay and Safe Workplaces”

Posted in Employment, Labor
On May 28, 2015, the Obama Administration published the highly-anticipated Proposed Rule and Proposed Guidance implementing the “Fair Pay and Safe Workplaces” Executive Order, (E.O.) which President Obama issued on July 31, 2014. The proposed rule adds a new subpart to the Federal Acquisition Regulations (FAR) – subpart 22.20 “Fair Pay and Safe Workplaces” –… Continue Reading

Crowell & Moring Launches Whistleblower Watch Blog

Posted in False Claims, Labor
Earlier this year, Crowell & Moring assembled an interdisciplinary team of attorneys to begin reporting on legal developments regarding whistleblowers. The result is the Whistleblower Watch blog (whistleblowerwatch.com), on which more than 15 contributing authors post about everything from the False Claims Act to Sarbanes-Oxley to the SEC. They monitor legislation and case law at… Continue Reading

OMB and DoL Direct Agencies to Appoint Labor Compliance Advisors Pursuant to “Fair Pay” EO

Posted in Employment, Ethics & Compliance, Labor, Responsibility, Suspension & Debarment
On March 5, OMB and DoL circulated a Memorandum to federal agencies regarding the “Fair Pay and Safe Workplaces” Executive Order (previously discussed here, and here), providing “guidance” with respect to the Labor Compliance Advisor role created by the EO, and directing agencies to designate within 90 days a senior-level official to serve as LCA. … Continue Reading

OFCCP Issues New Rule Prohibiting Discrimination On Basis of Sexual Orientation and Gender Identity, More Guidance to Come

Posted in Labor
On December 9, 2014, the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor (DOL) issued a final rule implementing the President’s July 2014 Executive Order 13672, which prohibits federal contractors from discriminating on the basis of sexual orientation or gender identity. The rule requires contractors and subcontractors to add “gender identity” and… Continue Reading

OFCCP Seeks Input on Development of New Compensation Reporting Tool

Posted in Labor
Here they go again. Undeterred by the failure of the EO Survey five years ago, on August 10, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) published an Advance Notice of Proposed Rulemaking (“ANPRM”) soliciting public feedback on development of a new compensation data collection tool.  According to the ANPRM, this data collection is intended to… Continue Reading

Could You be Caught in DOL’s Expansive Definition of a Government Subcontractor?

Posted in Labor
It is common knowledge that performance of government contracts requires the contractor to comply with a range of clauses not found in commercial contracting, which are included to advance the federal government’s social and economic policies. For example, the Equal Opportunity clause (FAR 52.222-26) prohibits government prime contractors from discriminating based on race, color, religion, sex,… Continue Reading

DoD Implements Restrictions on Employee/Contractor Agreements Requiring Arbitration

Posted in Employment, Labor
On May 19, 2010, DoD issued an interim rule implementing Section 8116 of the FY2010 Defense Appropriations Act. This rule, which does not apply to commercial items, prohibits use of appropriated funds for contracts, task/delivery orders, or bilateral modifications in excess of $1 million, unless the contractor agrees not to enforce, or enter into, agreements with… Continue Reading