On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more
12/2/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
State and Local Government ,
Threshold Requirements ,
Wage and Hour
On December 16, the U.S. Department of Defense’s Cybersecurity Maturity Model Certification Program (CMMC) final rule (the “CMMC Program Rule”) will become effective, to codify the CMMC requirements and assessment processes....more
11/19/2024
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Final Rules ,
New Rules ,
NIST ,
Regulatory Agenda ,
Regulatory Requirements ,
Third Party Assessment Organization (3PAO)
The Department of Defense finally issued its rule to implement Section 865 of the National Defense Authorization Act (NDAA) for fiscal year 2024 (Pub. L. 118-31). The act required the DoD to issue a regulation by July 2024...more
As we have previously discussed, businesses that contract with the U.S. government must maintain System of Award Management registration to be eligible for contract awards. We have also discussed the requirement that SAM...more
Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more
In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more
On October 25, the Small Business Administration proposed a rule intended to increase small business participation in multiple-award contracts. The rule would apply the “Rule of Two” to task and delivery orders issued under...more
Under the Bureau of Land Management’s recently promulgated Conservation and Landscape Health Rule, 43 C.F.R. §§ 6100-6103.2, the BLM must seek to achieve “ecosystem resilience,” which encapsulates an ecosystem’s ability to...more
As we have previously discussed, government contractors generally must maintain System of Award Management (SAM) registration from the time the contractor makes an offer or quotation, at the time of the award, during...more
On September 16, the Internal Revenue Service issued a Notice of proposed rulemaking and notice of public hearing regarding potential amendments to policies that govern which benefits provided by Indian Tribal government...more
The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more
As we have previously discussed, a case filed in the Federal District Court for the Eastern District of Kentucky, Mid-America Milling Company, LLC, et. al. v. U.S. Department of Transportation, et. al., Case No. 3:23-cv-72,...more
September 19, 2024 Comments are due by October 7, 2024. Industry Group Leader Associate On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small...more
On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small business programs, including the 8(a) Program...more
Comments are due by October 7, 2024.
On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small...more
On Friday, August 23, the Small Business Administration issued a proposed rule that would make significant changes to the SBA’s HUBZone small business contracting program, as well as modifications to other small business...more
8/26/2024
/ 8(a) Program ,
Comment Period ,
Deadlines ,
Federal Contractors ,
HUBZone ,
Mentor-Protege Program ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Requirements ,
SBA ,
Small Business
On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Lack of Authority ,
Non-Compete Agreements ,
Set-Asides ,
Statutory Authority ,
Texas ,
Unfair Competition
The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more
7/30/2024
/ Appeals ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Injunctions ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Popular ,
SCOTUS ,
Statutory Authority ,
Texas
In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act (ISDEAA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service...more
On June 28, 2024, the Supreme Court overruled the Chevron doctrine that had guided courts’ review of agency actions the past 40 years. The Chevron doctrine required courts to defer to a federal agency’s reasonable...more
7/11/2024
/ Administrative Procedure Act ,
Ambiguous ,
Chevron Deference ,
Construction Industry ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Real Estate Market ,
Regulatory Authority ,
SCOTUS ,
Seventh Amendment ,
Statutory Interpretation
On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more
7/10/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Kansas ,
Labor Law Violations ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
SCOTUS ,
Statute of Limitations ,
Statutory Interpretation ,
Texas
The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Davis-Bacon Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SBA ,
SCOTUS ,
Service Contract Act ,
Statutory Interpretation
For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...more
7/9/2024
/ 8(a) Program ,
Administrative Procedure Act ,
Alaska ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Indian Gaming Regulation Act ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Small Business ,
Statutory Interpretation ,
Tribal Governments
A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more
6/27/2024
/ Amended Rules ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Final Rules ,
Material Suppliers ,
Regulatory Agenda ,
Regulatory Requirements ,
Wage and Hour
On Tuesday, June 18, the Office of Federal Procurement Policy issued a notice to request public comment on whether and how to amend the Cost Accounting Standards Board’s rules that govern the application of Cost Accounting...more