The U.S. Court of Appeals for the Ninth Circuit ruled that the president lacks authority under the Federal Property and Administrative Services Act of 1949 to set a federal contractor minimum wage, creating a split with other...more
11/12/2024
/ Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Property and Administrative Services Act (FPASA) ,
Final Rules ,
Minimum Wage ,
Obama Administration ,
Popular ,
Preliminary Injunctions ,
Split of Authority ,
Wage and Hour
As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the...more
1/15/2024
/ Apprenticeships ,
Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Construction Project ,
Davis-Bacon Act ,
Department of Energy (DOE) ,
Economic Development ,
Energy Projects ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Prevailing Wages ,
Project Labor Agreements ,
Public Projects
The U.S. Department of Labor (DOL) has released a proposed regulation that would reinstitute the requirement that contractors give offers of employment to workers covered by the Service Contract Labor Standards, also known as...more
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) had a relatively unsurprising 2021. Not so for 2022. The agency has been hard at work issuing new and extremely ambitious policies....more
4/12/2022
/ Affirmative Action ,
Audits ,
Compliance ,
CSALs ,
Employment Discrimination ,
Enforcement ,
Enforcement Priorities ,
Federal Contractors ,
OFCCP ,
Pay Data ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Ostensibly as part of a comprehensive overhaul of its acquisition regulations, the U.S. Department of Agriculture (USDA) has proposed resurrecting the contractor blacklisting rule, which was overturned by Congress under the...more
The U.S. Department of Labor (DOL) has issued the final rule implementing President Joe Biden's Executive Order, "Increasing the Minimum Wage for Federal Contractors," imposing a $15 minimum wage for a wide swath of...more
12/17/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
Minimum Wage ,
Multiple Award Contracts ,
Wage and Hour
U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on all federal...more
U.S. District Court Judge Gregory Van Tatenhove of the Eastern District of Kentucky on Nov. 30, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on federal...more
12/2/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Preliminary Injunctions ,
Scope of Authority ,
Subcontractors ,
Tenth Amendment ,
Vaccinations
The U.S. Supreme Court recently denied certiorari in United States ex rel. Walterspiel v. Bayer AG. This case, arising out of the Fourth Circuit, raised yet again the question of how much detail a False Claims Act (FCA)...more
The U.S. Supreme Court recently issued a unanimous 8-0 decision in Universal Health Services, Inc. v. United States ex rel. Escobar. At issue in the case was the viability and scope of the so-called "implied certification"...more