Financial Capital, Human Capital Will Be at a Premium in Indian Country in 2023
PilieroMazza ’s Nichole Atallah , a partner in the Firm’s Labor & Employment Group , is featured in the article below “Financial Capital, Human Capital Will Be at a Premium in Indian Country in 2023,” originally published in the Summer 2023 edition of NC Magazine. Nichole is joined by Karla Bylund, owner of Soaring Bird Solutions. Attending RES2023? Come visit Nichole and her partner Sarah Nash at Exhibit Booth 702, where they’ll be available to address your most pressing legal concerns around labor and employment laws. Economic development is . . . Read More
Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes
In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC to engage in rulemaking restricting the “unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” The FTC invites the public to comment by March 20, 2023. In this blog, we discuss important considerations related to the FTC’s proposed nationwide ban . . . Read More
Have You Updated the Minimum Wage? Government Contractors Struggle with Minimum Wage Confusion
On January 1, 2023, the minimum wage for government contractors under Executive Order 14026 increased from $15.00 per hour to $16.20 per hour. We wrote about Executive Order 14026 and its requirements previously here . There continues to be confusion as to when and how Executive Order 14026 applies, so here are a few key components that government contractors should keep in mind. Federal Acquisition Regulation (FAR) 52.222-55, Minimum Wages for Contractors Under Executive Order 14026 (distinguished from the former FAR . . . Read More
Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers
Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision stands out as fundamentally changing enforcement mechanisms under the National Labor Relations Act (NLRA). PilieroMazza discusses the decision and important takeaways for employers below. On December 13, 2022, the NLRB issued a decision in Thryv, Inc. and International Brotherhood of Electrical Workers, Local 1269. The decision . . . Read More
Labor & Employment Scoop! Important Takeaways for Government Contractors from NILG 2022
In this blog, PilieroMazza ’s Labor & Employment attorney Sara Nasseri summarizes important takeaways for government contractors from the National Industry Liaison Group (NILG) Conference in July, which focuses on developments and updates surrounding EEO, affirmative action, HR compliance and diversity and inclusion issues. Described below are key priority items for the OFCCP and the EEOC, as well as updates to state laws impacting government contractors in 2022 and beyond. Also, please visit this link to register for PilieroMazza’s upcoming webinar detailing these changes and how to . . . Read More
New Virginia Law Prohibits “Pay-When-Paid” and “Pay-If-Paid” Provisions in Construction Contracts
Construction contracts routinely set payment terms as “pay-when-paid” or “pay-if-paid.” These terms protect the prime contractor from bearing all the risk of nonpayment by the owner. In Virginia, however, that will not be true for much longer. Last month, Virginia lawmakers passed Senate Bill 550, which makes “pay-when-paid” and “pay-if-paid” clauses unenforceable in most circumstances. Specifically, the new law applies to both public construction contracts and certain private construction contracts that involve at least one general contractor and one subcontractor. . . . Read More
USDA Proposes Resuscitating Rule to Blacklist Government Contractors for Labor Law Violations
On February 17, 2022, the United States Department of Agriculture (USDA) proposed a rule to update its Agriculture Acquisition Regulation (AGAR), which has not had a major revision since 1996. One component of the proposed rule requires USDA contractors to maintain compliance with a broad range of labor and employment laws and regulations in order to do business with the USDA. These requirements are strikingly similar to the Obama-era Fair Pay and Safe Workplaces Executive Order (nicknamed “the blacklist rule”). Contractors . . . Read More
DOL Updates Language on Service Contract Act Wage Determinations AGAIN!
An executive order increasing the minimum wage for non-exempt employees working on specified types of federal contracts took effect January 30, 2022. However, recent wage determinations issued by the Department of Labor (DOL) fail to appreciate that contracting officers are supposed to modify contracts to include the applicable Federal Acquisition Regulation (FAR) before the new minimum wage provisions are effective. Raising wages prior to proper incorporation of the applicable FAR provision risks a government contractor’s eligibility for a contract price . . . Read More
OFCCP’s Growing Activism Portends Stricter Enforcement
The Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) has taken several actions during the past six months that signal it will adopt a more forceful posture in ensuring that federal contractors meet their affirmative action and non-discrimination obligations toward their workforce. To prepare themselves for heightened scrutiny and tighter deadlines, government contractors should take steps now to set up their records for quick retrieval during OFCCP audits and rectify any unjustified pay disparities among their employees. . . . Read More
COVID-19 Paid Sick Leave Laws Could Show Emerging Compliance Trends for Employers
Since the onset of the pandemic, many states and localities have passed COVID-19 supplemental paid sick leave laws requiring employers to provide leave to employees for COVID-19-related reasons. California and Colorado have gone beyond many other states by adding to the required amount of sick time. These laws present unique administrative compliance challenges and financial burdens on employers who must prepare for employees’ additional paid COVID-19-related absences. Even employers with no employees in California and Colorado should be mindful, however, . . . Read More