The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of the Affordable Care Act (“ACA”), there have been lingering questions as to how the mandate that
Daniel Davis
DOL Issues Proposed Rule on Paid Sick Leave for Government Contractors
As we previously reported, the U.S. Department of Labor (“DOL”) released a proposed rule on February 25, 2016 to implement Executive Order 13706, which requires federal contractors and subcontractors to give their workers seven days of paid sick leave annually. The proposed rule comes on the heels of a number of state and local initiatives to provide paid sick leave to employees.
The DOL’s proposed rule closely tracks the Executive Order, and largely parallels its language and structure. The DOL currently estimates that, within 5 years, its proposed rule would extend paid sick leave to more than 800,000 employees, including more than 400,000 workers who currently do not receive any paid sick leave.
OFCCP Sues B&H for Alleged Discrimination
Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics retailer, alleging systematic discrimination against Hispanic, black, female, and Asian employees.
Following a two-year compliance review, OFCCP’s complaint accuses B&H…
Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor
Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination.
The plaintiff, Terry Deets, alleges that the defendant contractor laid him off because it was not meeting its federally mandated…
President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements
Today, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports. According to an EEOC publication in the Federal Register, starting in 2017, employers with more than 100 employees will be…
Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim
Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated.
The plaintiff, Sara Jane Jones-McNamara (“Plaintiff”) alleged that…
House Passes Veteran Preference Bill
Earlier this week, the House of Representatives unanimously approved a bill, titled the Boosting Rates of American Veteran Employment Act or “BRAVE Act.” The BRAVE Act authorizes the Department of Veterans Affairs (“VA”) to give preferences to companies that employ veterans on a full-time basis in awarding contracts for the…
Department of State Inspector General Issues Report on Contractor Confidentiality Provisions with Employees
Yesterday, the Office of the Inspector General for the U.S. Department of State (OIG) issued a report on its review of the use of confidentiality agreements and policies by Department of State contractors. In preparing the report, OIG sent a five-question survey to the 30 contractors with the largest Department…
Proposed Rule Would Allow Contractors’ Employees To File Whistleblower Disclosures With OSC
Last week, the U.S. Office of Special Counsel (“OSC”), an independent federal investigative and prosecutorial agency that handles claims of wrongdoing within the executive branch of the federal government, proposed revising its regulations to expand the categories of employees who may file a whistleblower disclosure with OSC. Currently, only federal…
California’s Fair Chance Employment Act Targets Construction Contractors
A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite construction-related employment. As such, the new law prohibits oral or written inquiries into the applicant’s conviction history on or…