Welcome to the PilieroMazza blog, featuring trending legal insight in the areas of government contracting, general business and corporate issues, labor and employment, and civil litigation matters.

Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices

August 18, 2017
By Matthew E. Feinberg
In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It is not surprising, therefore, that servers, bartenders, and seasonal or event staff have advanced employee complaints based on alleged improper wage- and tip-payment practices with increased frequency, exposing the restaurant industry’s unique vulnerability to the complex and nuanced requirements of the statute.

Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors

August 14, 2017
By Kathryn V. Flood
If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent its size status, such as after a merger or acquisition. Both the SBA size regulations and the FAR are clear that a subcontractor’s representation of its size status at the time it submits its offer for the subcontract governs the subcontractor’s size status for the subcontract.

SBA Launches New HUBZone Map

August 7, 2017
By Julia Di Vito
The new HUBZone map designates areas as eligible HUBZone locations and indicates whether an address qualifies as one or more HUBZone designations, such as census tract, county, Indian land, disaster area, closed base area, or redesignated area.

H&W is Increasing and Includes Offsets for Mandated Sick Leave. What Now?

August 3, 2017
By Nichole D. Atallah
Effective August 1, 2017, the Service Contract Act (“SCA”) health and welfare (“H&W”) benefit amount increased from $4.27 per hour to $4.41 per hour. Each time the H&W rate increases, we get a number of questions regarding how to implement these new rates. It does not take long for word to spread that employees may be entitled to additional benefit monies.

Do I Need to Recertify My Company’s Size for this Task Order?

August 3, 2017
By Megan C. Connor
In the small business government contracting world, one of biggest advantages to winning a GWAC, like Alliant, CIO-SP3, OASIS or SEWP, is that you will be considered a small business for the contract and any orders awarded to you, despite your natural growth. This is because the general rule is that a contractor’s size for purposes of a multiple award contract is established at the date of proposal with price.
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