Darian Kolev, Author at PilieroMazza PLLC

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

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

Client Alerts, Tribal Advocate 08.08.24

By: Isaias “Cy” Alba, IV, Katherine B. Burrows

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

Newly Increased Health and Welfare Rates on SCA Government Contracts

Labor & Employment, Client Alerts 08.01.24

By: Sarah L. Nash, Nichole D. Atallah

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

Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise (DBE) Program Effective May 9, 2024

Webinar Replays 05.08.24

By: Jacqueline K. Unger, Peter B. Ford

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

Unlocking the Potential of Phantom Equity: Incentive and Compensation Strategies to Attract and Retain Top Talent

Blog, Employee Incentive and Bonus Plans 03.18.24

By: Abigail “Abby” L. Baker, Sarah L. Nash

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

Employee Retention Credit: Moratorium, Withdrawals, and March 22 Deadline for Voluntary Disclosure Program

Client Alerts 03.13.24

By: Abigail “Abby” L. Baker, Sarah L. Nash

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

SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

Government Contracts, Blog 03.11.24

By: Antonio R. Franco, Isaias “Cy” Alba, IV, Emily A. Reid

The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology Inc. (ASTi). ASTi protested a contract awarded to an Alaska Native Corporation (ANC) alleging, among other things, that the entire tribal 8(a) program is unconstitutional. While this case will likely be dismissed for reasons wholly unrelated to the constitutionality challenge, these allegations are sure to be raised again by . . . Read More