This article updates and provides new information and guidance and replaces our original article dated August 3, 2023.
On January 1, 2024, the Corporate Transparency Act (the “Act” or the “CTA”) will take effect. This...more
10/27/2023
/ Beneficial Owner ,
Business Entities ,
Business Ownership ,
Corporate Governance ,
Corporate Transparency Act ,
Filing Deadlines ,
FinCEN ,
Penalties ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Reporting Requirements
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
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
On Friday, October 6, 2023, Ultima Services Corporation filed a reply brief in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, which continued to argue for an injunction against the award...more
On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more
As of September 29, 2023, the SBA’s certify.gov portal for submitting 8(a) applications (for both individually owned and entity-owned applicants) is back open and accepting new applications.
The SBA had previously...more
Funding for the 2023 fiscal year will expire on September 30, 2023 at 11:59 pm EST. If Congress does not enact a new appropriations law, portions of the government will shut down. A shutdown will affect federal contracts...more
Ultima Services Corp. v. U.S. Dept. of Agriculture -
September 19, 2023 Ultima Services Corp. v. U.S. Dept. of Agriculture Shareholder On Friday, September 15, 2023, Ultima Services Corporation (“Ultima”) filed a motion...more
September 11, 2023 Effective October 23, 2023. Shareholder On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, Public Law 117-58. The Infrastructure Investment and Jobs Act...more
On September 1, 2023, the U.S. District Court for the Eastern District of Tennessee issued an order in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, as a result of the status hearing...more
On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more
9/7/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Amendments ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more
August 29, 2023 Shareholder The Department of Defense (“DoD”), Civilian Agency Acquisition Counsel, and the Government Services Administration (“GSA”) have issued class deviations addressing the Small Business...more
On August 3, 2023, Senator Lisa Murkowski and Senator Dan Sullivan introduced S.2615, which would amend the Alaska Native Claims Settlement Act to provide that Alaska Native Village Corporations will no longer be required to...more
There were two important announcements from the Small Business Administration (“SBA”) on Monday, August 21, 2023:
- The SBA is extending the moratorium on the application of the bona fide place of business rule for 8(a)...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
8/23/2023
/ 8(a) Program ,
EDWOSB ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
New Rules ,
SBA ,
Small Business ,
Veterans ,
Women-Owned Businesses ,
WOSB
The decision in United States ex. rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., Case No. 1:19-cv-1861 (“Bid Solve”), is an interesting and helpful case because it provides a reminder that while tax returns can be used...more
On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more
On January 1, 2024, the Corporate Transparency Act (the “Act” or the “CTA”) will go into effect. It is expected to impact approximately 32.6 million small and medium-sized businesses in unregulated industries in its first...more
Over the past forty years, federal government contracting has cemented its status as one of the primary drivers of the Alaska economy. Alaska Business’ annual Top 49ers routinely showcases businesses for whom federal...more
8/7/2023
/ Alaska ,
Cybersecurity ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Minimum Wage ,
Minority-Owned Businesses ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Race Discrimination ,
SBA ,
Small Business
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 April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
8/2/2023
/ 8(a) Program ,
Bid Protests ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
New Regulations ,
New Rules ,
Procurement Guidelines ,
Regulatory Requirements ,
SBA ,
Small Business ,
Subcontractors ,
Subcontracts
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
7/28/2023
/ 8(a) Program ,
Business Development ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
SDVO ,
Set-Aside Contracts ,
Small Business ,
WOSB
On January 1, 2024 the Corporate Transparency Act (“CTA”) goes into effect. The CTA is broad and is intended to cover many businesses, including tribal businesses.
The CTA was enacted to prevent and combat money...more