If you have questions concerning the content below, please visit this link . Upcoming Events: Register to attend PilieroMazza’s upcoming events here . Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here . Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here and Clocking in with PilieroMazza here . GOVERNMENT CONTRACTS Federal Acquisition Regulation (FAR) Final Rule: Reference to Penalty Threshold On August 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a final rule amending the FAR. This rule . . . Read More
On August 23, 2024, the Small Business Administration (SBA) published a proposed rule that would make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program to clarify certain policies. In 2019, SBA made significant revisions to these regulations to enhance the program’s efficiency and effectiveness. The proposed rule aims to further clarify and refine some of these changes, particularly by requiring that any certified HUBZone small business to be eligible as of the date of offer for any HUBZone contract. . . . Read More
As suspected and previewed in PilieroMazza’s April 24, 2024 blog , a Texas federal judge permanently blocked the Federal Trade Commission’s (FTC) impending restriction on non-competition agreements (Non-Compete Rule). This means, at least for now, businesses will not need to follow the Non-Compete Rule and can maintain non-compete provisions in their agreements with employees, so long as those agreements are state law compliant. U.S. District Judge Ada E. Brown indicated earlier this summer (see our coverage here ) she was likely to . . . Read More
The Cybersecurity Maturity Model Certification ( CMMC ) Program has been a headache for many defense contractors since the idea was first introduced in 2019. The program seeks to protect unclassified information, including federal contract information (FCI) and controlled unclassified information (CUI) not intended for public release, shared by the Department of Defense (DOD) with its contractors and subcontractors. In December 2023, the DOD proposed a rule to formally codify the CMMC Program in a phased rollout. The DOD has now released . . . Read More
Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or independent contractor is not always easy to make and depends on the specific policies and practices applicable to each worker. Making the correct decision is critical. Consistent with numerous other jurisdictions across the country, a new lawsuit filed by the District of Columbia Attorney General demonstrates . . . Read More
Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the SBA. These developments could affect HUBZone contract eligibility and federal funding and support programs for tribal nations, as well as prohibit Mentor-Protégé Joint Ventures from competing for Multiple Award Contracts. PilieroMazza explains in more detail below. New Proposed Rule The SBA seeks to discuss a proposed rule . . . Read More
The Department of Labor’s (DOL) Wage and Hour Division (WHD) has again issued new Service Contract Act (SCA) health and welfare (H&W) rates. In July 2024, WHD increased the prevailing H&W fringe benefits from a rate of $4.98 per hour to $5.36 per hour. Where a contractor is obligated to comply with Executive Order (EO) 13706 sick leave obligations, the rates have increased from $4.57 per hour to $4.93 per hour. Updated rates of $2.36 per hour (without the EO) . . . Read More
Click here to view the recorded session. The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the inclusion of small, disadvantaged businesses in infrastructure opportunities; reduce burdens on DBE firms and recipients; foster the growth of DBE firms; and improve DBE Program integrity, among other things. To help prime contractors and subcontractors who participate, or are considering participating, . . . Read More
Navigating the landscape of employee incentives can be complex, particularly when exploring non-traditional compensation methods. Phantom stock, also known as synthetic equity, offers a unique solution for business owners seeking to incentivize and retain key personnel without giving away ownership in the company. Below, PilieroMazza attorneys answer commonly asked questions regarding the nature of phantom stock, outlining its structure, benefits, and the strategic considerations involved with this valuable tool for attracting and retaining top talent. What is a phantom plan . . . Read More
The Employee Retention Credit (ERC)—sometimes called the Employee Retention Tax Credit or ERTC—is a refundable tax credit for certain eligible businesses and tax-exempt organizations that had employees and were affected during the COVID-19 pandemic. Amid growing concerns about aggressive marketing and scams involving fraudulent activity, the Internal Revenue Service (IRS) has announced several initiatives aimed at helping small businesses concerned about an ineligible ERC claim. In this client alert, PilieroMazza summarizes key points of the ERC and important considerations to . . . Read More
