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Government Contractor Compliance & Regulatory Update

Category Archives: Federal Acquisitions

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EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Posted in Federal Acquisitions

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect.  The Rule prohibits the government from contracting with companies that require employees or subcontractors to sign “internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or… Continue Reading

BREAKING: FEDERAL JUDGE ENJOINS IMPLEMENTATION OF PART OF FAIR PAY AND SAFE WORKPLACES (“BLACKLISTING”) EXECUTIVE ORDER, REGULATIONS, AND GUIDANCE

Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law

On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas enjoined the implementation of almost every provision of the Rule.  Specifically, Judge Crone… Continue Reading

Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016

Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law

On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern District of Texas.  The lawsuit, seeks a preliminary injunction preventing implementation of the Rule, declaratory judgment declaring the… Continue Reading

Rule Governing Paid Sick Leave for Federal Contractors Completes OMB Review Process

Posted in Department of Labor, Federal Acquisitions

As reported today in Politico, the rule effectuating Executive Order 13706 (the “Order”), which requires certain federal contractors and subcontractors to provide their workers up to seven days of paid sick leave annually, has completed the Office of Management and Budget (“OMB”) review process.  Our previous blog posts on the subject can be found here… Continue Reading

Department of Labor Announces “Preassessment” Program For Government Contractors

Posted in Department of Labor, Federal Acquisitions, Labor Law

Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month.  Those looking to learn more about the topic can access our recent webinar and blog post on the “Blacklisting” regulations and what contractors should be doing now to prepare… Continue Reading

Proskauer Hosts Webinar On New “Blacklisting” Regulations

Posted in Department of Labor, Federal Acquisitions, Labor Law

On September 13, 2016, Proskauer Partners Connie Bertram and Guy Brenner hosted “The Final Blacklisting Regulations:  What Contractors Need to Know” webinar as a follow-up to our blog post “FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplace”.  For those who were unable to attend the webinar, it… Continue Reading

BREAKING NEWS:  FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order, Effective October 25, 2016

Posted in Department of Labor, Federal Acquisitions, Labor Law

Today, the Federal Acquisition Regulations Council (“FAR Council”) and the U.S. Department of Labor (“DOL”) issued its Final Rule and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”), commonly referred to as the “blacklisting” rule.  In total, the Final Rule, Guidance, and accompanying commentary totaled nearly 900 pages, responding to nearly… Continue Reading

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

Posted in Federal Acquisitions, Labor Law

Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  The Order imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation to report various labor law… Continue Reading

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

Posted in Department of Labor, Federal Acquisitions, OFCCP

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”).  The Order, often referred to as the “blacklisting regulation,” imposes additional disclosure and compliance obligations on federal government contractors with contracts valued at $500,000… Continue Reading

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From Compliance With The Fair Pay And Safe Workplaces Executive Order

Posted in Federal Acquisitions

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance with President Obama’s Fair Pay and Safe Workplaces Executive Order (the “Order”).  Since being issued on July 31, 2014, the Order has caused a… Continue Reading

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

Posted in Department of Labor, Federal Acquisitions

On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to their employees on new contracts entered into after January 1, 2017.  The White House anticipates that the Order… Continue Reading

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

Posted in Federal Acquisitions, OFCCP

On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their proposed regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). In its eighteen-page letter, the ABA raises… Continue Reading

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

Posted in Department of Labor, Federal Acquisitions, OFCCP

Today (August 5, 2015), the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has… Continue Reading

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

Posted in Department of Labor, Federal Acquisitions, OFCCP

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn. This letter comes just days after the Department… Continue Reading

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

Posted in Department of Labor, Federal Acquisitions, OFCCP

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of… Continue Reading

DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

Posted in Federal Acquisitions, OFCCP

On July 14, 2015 the U.S. Department of Labor (“DOL”) announced that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has through August 11, 2015 to comment on the proposed… Continue Reading

Senators Push For President Obama To Issue Executive Order Providing Federal Contractor Preference To “Model Employers”

Posted in Compensation, Federal Acquisitions

On May 15, 2015, a group of Democratic Senators sent a letter to President Obama, urging him to provide incentives to federal contractors to become what they call “model employers.” According to the letter, model employers are contractors who provide “a living wage, offer fair healthcare and retirement benefits, grant paid leave for sickness and… Continue Reading

Confidentiality Agreements of Federal Contractor Employees – Changes To The Federal Acquisition Regulations Are Coming Soon

Posted in Federal Acquisitions

Confidentiality agreements for employees of federal contractors are increasingly coming under scrutiny by federal agencies. In late 2014, as part of the Consolidated and Further Continuing Appropriations Act (the “Act”), Congress prohibited the appropriation of federal funds to government contractors whose confidentiality policies restrict employees from reporting fraud, waste, or abuse to investigative agencies. The… Continue Reading

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Posted in Department of Labor, Discrimination, Employment Law, Federal Acquisitions, OFCCP

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the… Continue Reading

19 Democratic Senators Urge DOL To Implement Fair Pay And Safe Workplaces Executive Order

Posted in Department of Labor, Federal Acquisitions

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (the “Order”), which imposes additional disclosure and compliance obligations on federal government contractors with contracts valued at $500,000 or more. Among other things, the Order will require contractors to disclose violations of numerous labor, employment, wage payment and safety laws… Continue Reading

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

Posted in Federal Acquisitions

On June 27, 2014, the D.C. Circuit granted Kellogg Brown & Root’s (“KBR’s”) petition for a writ of mandamus and vacated a federal district court order requiring KBR to produce 89 documents related to an internal investigation.  Relying on Upjohn Co. v. United States, 449 U.S. 383 (1981), the D.C. Circuit ruled that the documents… Continue Reading

First Circuit Rules on Scope of FCA First-to-File Rule in U.S. v. Bristol Myers Squibb, Inc.

Posted in Federal Acquisitions, Whistleblower

The First Circuit ruled last week that an earlier-filed False Claims Act complaint will preclude a later-filed complaint if it arises out of the same underlying facts, even if the allegations are not identical. The case concerns claims by two relators asserting claims against Bristol-Myers Squibb, Inc. (“BMS”) and Sanofi-Aventis U.S. LLC (“Sanofi”).  In May… Continue Reading

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

Posted in Employment Law, Federal Acquisitions

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts. Plaintiff Darrell Robinson argued that Kuwaiti law applied to his overtime claims as a consequence of language in Raytheon’s offer… Continue Reading