Non-Compete Agreements: What Employers and Healthcare Providers Should Know

Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small private practices and businesses, utilize non-compete clauses in their employment agreements to protect their businesses and medical practices by restricting their employees’ ability to work for a competing entity. This blog offers important considerations for employers and healthcare providers implementing non-compete agreements and clauses to protect their interests, ensure enforceability, . . . Read More

Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022

In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) launched its Affirmative Action Program Verification Interface through a new online portal (Portal).  Beginning on February 1, 2022, registration opens on the Portal, and covered prime and subcontractors are required to certify compliance of their Affirmative Action Program (AAP) by no later than June 30, 2022. Covered contractors are then required to annually certify.  The Portal also provides a secure platform for scheduled contractors to submit their AAP to OFCCP during compliance evaluations.  In . . . Read More

Navigating Nondisplacement Rule Reboot for Government Contracts, Nichole Atallah for Law360

In her Law360 article “Navigating Nondisplacement Rule Reboot For Government Contracts,” Nichole Atallah , Chair of PilieroMazza ‘s Labor & Employment Group , examines President Biden’s executive order bringing back to life provisions of the 2009 Executive Order No. 13495 on the nondisplacement of qualified workers under service contracts.  Visit this link to view the full article.

Government Shutdowns for Federal Contractors: Mitigating Damages and Managing Your Workforce

Once again, the specter of a government shutdown looms over the federal contracting community. The House just passed a continuing resolution that would extend federal funding through February 18, 2022, and avoid a government shutdown on December 3, 2021. However, it is unclear whether it will be passed by the Senate due to objections over federal vaccine and testing mandate funding. As a result, there is a possibility that the continuing resolution will not pass the Senate by the December . . . Read More

Biden Administration Revives Nondisplacement of Qualified Workers Under Service Contracts

On November 18, 2021, the Biden Administration announced an executive order (EO) bringing back to life what was formerly EO 13495, Nondisplacement of Qualified Workers Under Service Contracts. The EO establishes that where a federal government contract subject to the Service Contract Act expires and a follow-on contract is awarded for the same or similar services at the same location, a successor contractor must grant a right of first refusal to the predecessor contractor’s employees (other than management and supervisory employees) before . . . Read More

How Government Contractors Can Mitigate Potential Impacts of a Government Shutdown

As of this writing, and in the absence of a continuing resolution being enacted by Congress, there will be a shutdown of most government operations on October 1, 2021.  It is not clear whether the House and the Senate will be able to pass a continuing resolution before that date.  PilieroMazza summarizes below steps government contractors should consider to prepare for and mitigate damages arising from a government shutdown.  We also identify important labor and employment issues that contractors should keep . . . Read More

President Biden Issues Unprecedented COVID-19 Requirements for Private Employers and Government Contractors on National Scale

On September 9, 2021, the Biden Administration announced sweeping updates to its national strategy to combat COVID-19. The updates come less than a month after the Food and Drug Administration fully approved the Pfizer-BioNTech vaccine and as the country continues to experience a rise in COVID-19 cases. The plan, which still leaves a number of unanswered questions, including in certain cases a timeline for implementation, is available here . Below is PilieroMazza’s summary of key updates to the Biden Administration’s vaccination . . . Read More

OFCCP Audits Are Coming: 7 Tips to Help You Prepare

The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2021 list of Supply & Service contractors it expects to audit (see FY 2021 CSAL Supply & Service ). With enforcement a primary goal of OFCCP, preparing for an audit is key. If your company is on the list, PilieroMazza ’s Labor & Employment Group suggests you follow these 7 tips to properly prepare for an OFCCP audit to avoid potential penalties and possible loss of your government contract. Get your paperwork in order and organize all your documentation, . . . Read More