January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
12/19/2023
/ Contract Disputes Act ,
Contractors ,
Department of Labor (DOL) ,
Employee Retention ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Right of First Refusal ,
Service Contract Act ,
Service Contracts
Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into...more
10/11/2023
/ Biden Administration ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Inflation Adjustments ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Wage and Hour
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more
8/3/2023
/ 8(a) Program ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Indian Gaming ,
Mentor-Protege Program ,
Minimum Wage ,
Minority-Owned Businesses ,
SBA ,
Small Business ,
Tribal Governments
On January 25, 2021, President Biden issued Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the...more
On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more
In 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing...more
On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more
1/9/2023
/ Biden Administration ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Popular ,
Proposed Regulation ,
Proposed Rules ,
Wage and Hour
On May 20, 2021, President Biden issued Executive Order 14030, Climate-Related Financial Risk, which directed the implementation of policies that would “advance consistent, clear, intelligible, comparable, and accurate...more
On December 7, 2021, in Georgia v. Biden, Case No. 1:21-cv-163, a federal district court judge in the U.S. District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the...more
On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government’s approach to the northernmost region, which is under intergovernmental purview...more
In April of 2021, President Biden issued Executive Order 14026, which increased the minimum wage for employees of federal government contractors to $15. The Executive Order provided that this minimum wage would be adjusted to...more
On September 9, 2021, President Biden issued Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs federal agencies to include in certain federal contracts a clause requiring...more
8/30/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Statutory Authority ,
Vaccinations
On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to...more
On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts...more
7/29/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Retention ,
Employees ,
Executive Orders ,
Federal Contractors ,
Regulatory Reform ,
Regulatory Requirements ,
Service Contract Act ,
Service Contracts ,
Successors
On February 4, 2022, President Biden issued Executive Order 14063, which requires federal agencies engaging in “large scale” federal construction contracts to include in their solicitation and construction contracts a...more
In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule...more
On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more
4/12/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Jurisdiction ,
Oral Argument ,
Regulatory Mandates ,
Remand ,
Reversal ,
Vaccinations
On January 28, 2022, the Small Business Administration announced that it had issued its Tribal Consultation Policy of 2022. In this policy, SBA stated that “it is the policy of the U.S. Small Business Administration (SBA or...more
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
Popular ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations
On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate. The Task Force statement is as...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more
12/8/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Statutory Authority ,
Stays ,
Vaccinations
On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama...more
On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal...more
10/8/2021
/ Biden Administration ,
Civilian Agency Task Orders ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Executive Orders ,
Exemptions ,
Federal Contractors ,
Indian Self-Determination and Education Assistance Act (ISDEAA) ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Workplace Safety