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
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
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
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that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn.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 of Labor (“DOL”) and the FAR Council announced a two-week extension of the notice and comment period for the proposed guidance and regulations. Our previous blog post on the proposed guidance and regulations can be found here.
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
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
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,
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
The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the limitations on contractor employee personal conflicts of interest. The proposed rule will extend those limitations to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services. Functions closely associated with inherently governmental functions include services that involve or relate to budget preparation, feasibility studies, and the evaluation of another contractor’s performance. They also include contractors providing assistance in the development of statements of work or participating in any activities or functions that could lead to the assumption that they are agency employees or representatives.