How Much Disability Accommodation Leave Do You Have to Provide to Employees? Questions Remain Despite New EEOC Guidance
By Corey Argust For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding when and how employers must grant leave under the ADA. The guidance marks the first time since 2002 that the EEOC has provided additional insights on the often-confusing requirements for providing leave to employees . . . Read More
No Advance Notice is Required to Terminate At-Will Employment in Virginia
By Ambi Biggs On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating them. In Johnston v. William E. Wood & Associates, the plaintiff worked at a real estate services firm for 17 years as an at-will employee. When her employer terminated her without any advance notice, she brought suit, alleging that she was wrongfully discharged . . . Read More
Contracting Globally – Part 1: Export Administration Regulations
By Kimi Murakami The potential for government contractors to grow and become successful outside of the U.S. is tremendous and should not be overlooked by small businesses. The world outside our borders is a critical marketplace that should be considered as part of the growth strategy for domestic companies. According to the International Trade Administration of the U.S. Department of Commerce: more than 70 percent of the world’s purchasing power is located outside of the United States companies that export . . . Read More
What is Technical Data and How Do You Protect It
This article is the second installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were . In this second installment, we will discuss the first contractor-produced item in which the government often takes rights that extend long after contract close-out: “non-commercial technical data.” Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See FAR 52.227-14; DFARS 252.227-7013. . . . Read More
False Claims Act Penalties Set for Significant Increase Later This Year
Liability under the False Claims Act (“FCA”) results in the imposition of treble damages and penalties. Government contractors should be aware that the mandatory penalties for FCA violations may nearly double starting in August of 2016. On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114-74) (the “2015 Act”). The 2015 Act requires federal agencies to issue regulations adjusting civil monetary penalties for inflation . . . Read More
2016 SBA Issues Final Limitations on Subcontracting Rule
Today, SBA issued its final rule to implement provisions of the National Defense Authorization Act of 2013, which pertains to the limitations on subcontracting (“LOS”) applicable to small business set-aside contracts, socioeconomic program set-aside contracts, and small business subcontracting. SBA issued this rule after considering all comments provided in the rulemaking and, while we are still reviewing the rule in more detail, we are pleased that the rule accounts for concerns raised during the rulemaking process and is not as . . . Read More
SBA Announces New WOSB Online Portal
By Josh Humi Recently, the Small Business Administration (“SBA”) announced a new online portal to serve women-owned small businesses (“WOSBs”). The new portal allows WOSBs to manage their SBA-related documents, complete SBA application forms online, and receive notices of deadlines. In addition, the new portal supports self-certifications for WOSBs. SBA will be transferring existing repository documents to the new online portal, so WOSBs will not need to re-submit documents which they have already submitted to SBA. Furthermore, SBA is now managing all WOSB requirements through . . . Read More
Senate Armed Services Committee Releases 2017 NDAA Bill with Big Changes for GAO Protest Costs
By Julia Di Vito On May 12, 2016, the U.S. Senate Armed Services Committee (“SASC”) completed its markup of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2017. Several of the SASC’s changes to the NDAA address the costs of bid protests at the GAO, and appear to be aimed at limiting the number of protests filed regarding Department of Defense (“DOD”) procurements. Specifically, the SASC’s version of the NDAA would add a new section to Chapter 137 of . . . Read More
How Many of Your Employees Will Now Be Entitled to Overtime? DOL Doubles Salary Requirements for Exempt Employees
We’ve been waiting for months for the Department of Labor (“DOL”) to release its final regulations making changes to the Fair Labor Standards Act (“FLSA”) overtime exemptions, Part 541, and today, the wait came to an end. As expected, the final rule includes a significant increase in salary threshold and a method to automatically increase the threshold every three years. Following are the highlights you need to know to be the master of the watercooler (or staff meeting) this week . . . Read More
Missing a Wage Determination in a SCA-Covered RFP? Ask for It.
By Megan Connor I recently participated in a webinar regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the relevant wage determination (“WD”), even though the agency otherwise incorporated the SCA clauses into the RFP. If you face a similar circumstance, you should be aware of your rights. First, the applicable regulations make clear that contracting officers—not contractors—are required to determine if the . . . Read More