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Trump’s New Supreme Court Pick and Implications for the Davis Bacon Act

By on August 7, 2018 | Posted in Labor

Six months into Trump’s presidency, we wrote about how Trump’s $1 trillion infrastructure plan was likely to include more federal deregulation, including possible repeal or suspension of the Davis Bacon Act (DBA).  Two months after that article, comments from the House Transportation and Infrastructure Committee suggested Trump had changed his […]

Department of Labor Increases Health and Welfare Fringe Benefit Rates for Contracts Covered by the Services Contract Act

By on August 18, 2017 | Posted in Labor

On July 25, 2017, the U.S. Department of Labor (DOL), Wage and Hour Division, issued a memorandum increasing the health and welfare fringe benefits rate for contracts covered by the McNamara-O’Hara Service Contract Act (SCA). The SCA requires contractors and subcontractors performing work on federally funded prime contracts in excess […]

President Trump Signs H.J. Res. 37 Canceling the Fair Pay and Safe Workplaces (“Blacklisting”) Rule

By on March 28, 2017 | Posted in Labor

Last month, we wrote about the House passing a resolution (H.J. Res. 37) pursuant to the Congressional Review Act to repeal the Fair Pay and Safe Workplaces rule (commonly known as the contractor “Blacklisting” rule). At the time we predicted the resolution would also pass the Senate and be signed by President Trump. On March […]

House Votes to Repeal the Fair Pay and Safe Workplaces (“Blacklisting”) Rule

By on February 2, 2017 | Posted in Labor

Back in October 2016, we wrote about the Fair Pay and Safe Workplaces rule (commonly known as the contractor “Blacklisting” rule) and how its implementation had been temporarily halted by a federal court in Texas.  The Blacklisting rule would have allowed agencies to essentially debar contractors on a contract-by-contract basis […]

Implementation of the Fair Pay and Safe Workplaces Final Rule Temporarily Halted by a Federal Court

By on October 26, 2016 | Posted in Labor

Starting October 25th many new federal government contract solicitations were to contain the clauses required under the Fair Pay and Safe Workplaces Final Rule based on the Executive Order put in place by the Obama administration.  These clauses would impose significant new compliance and reporting obligations on federal contractors (and […]

Government’s Duty of Good Faith and Fair Dealing Does Not Absolve Contractor of Costs of Complying with Kuwaiti Labor Laws

By on March 24, 2016 | Posted in Claims and Disputes

In the recent ASBCA case Appeal of SupplyCore, Inc., ASBCA No. 58676, the government successfully defended against a claim for post-termination labor costs, where the contractor argued that the government had violated the duty of good faith and fair dealing with regard to the timing of the Army’s decision to […]

OFCCP Extends Equal Protection Rights Prohibiting Discrimination Based on Sexual Orientation and Gender Identity

By on December 17, 2014 | Posted in Labor

On December 9, 2014, the U.S Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule implementing Executive Order (EO) 13672 effectively amending EO 11246, which previously only prohibited discrimination by federal contractors and subcontractors on the bases of race, color, religion, sex, and national origin.  […]

Proposed Bill Would Give “Preferential Points” to Federal Contractors for Good Labor Practices – Could Lead to Tug O’ War with Incoming “Pro-Contractor” Congress

By on November 19, 2014 | Posted in Labor

As Congress reconvenes it will consider a new bill that would direct federal agencies to give preferential points in the bidding process to federal government contractors based on their labor practices. The bill, proposed by Rep. Eleanor Holmes Norton (D-D.C.), would give points to companies that pay their employees a […]

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