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Ninth Circuit Says Federal Contractor Minimum Wage Is Unlawful

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

Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

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

There and Back Again: Labor Department Issues New Proposed Nondisplacement Regulation

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

Buckle Up, Federal Contractors – It's a Bumpy Road Ahead

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

USDA Proposes Contractor Blacklisting Rule for Its Contractors: One-Off or the First Domino?

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

Coming (Mostly) Soon: The $15 Per Hour Minimum Wage for Government Contractor Service Employees

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

Federal Court Grants Nationwide Injunction Against Government Contractor Vaccine Mandate

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

Blocked: Federal Court Enjoins Government from Enforcing Contractor Vaccine Mandate in 3 States

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

Supreme Court Punts Again on FCA Claims Specificity

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

Supreme Court: False Claims Act Can Impose Liability for "Implied False Certifications"

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

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