Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction
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
Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases
In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis, Missouri may have a substantial impact on employers. Employers nationwide should be aware of the new standard, implement internal processes to avoid discrimination claims, and understand how these changes will impact future personnel decisions. What Is Title VII? Most . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 30, 2024
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 Small Business Administration (SBA) Office of Inspector General (OIG) Reports: 7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan . . . Read More
Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council published a new final rule (Rule), primarily addressing sustainability practices and enforcing agency obligations to procure sustainable products and services. Below, PilieroMazza highlights key aspects of the Rule and outlines potential challenges and opportunities for federal government contractors. The Rule On April 22, 2024, the FAR Council published a new rule that takes effect today, May 22, 2024, focused . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 9, 2024
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. LABOR & EMPLOYMENT Clocking in with PilieroMazza: FTC Non-Compete Ban Attacked by Businesses: What You Need to Know, PilieroMazza Podcast, Nichole D. Atallah, Sarah L. Nash. Click here to access the podcast. Federal Trade Commission (FTC) Final Rule: Non-Compete Clause . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 2, 2024
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. LABOR & EMPLOYMENT FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban, PilieroMazza Client Alert, Nichole D. Atallah, Sarah L. Nash On April 23, 2024, the Federal Trade Commission (FTC) announced a final . . . Read More
Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?
In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint venture or prime contractor/subcontractor relationship, the GSA created a wholly new type of contracting team where all members of the team have privity[1] with the federal government and are all co-prime contractors…supposedly. In this blog, PilieroMazza reviews the limited rules governing CTAs and the impact on government contractors’ ability . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – April 25, 2024
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) Council Final Rule: Sustainable Procurement On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a Final Rule amending the FAR and updating regulations . . . Read More
Unlocking the Potential of Phantom Equity: Incentive and Compensation Strategies to Attract and Retain Top Talent
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
Corporate Transparency Act, Part 1: Constitutionality, Exemptions, and Substantial Control
The Corporate Transparency Act (CTA), which came into effect on January 1, 2024, has significant implications for government contractors and commercial businesses. This client alert summarizes recent developments in the CTA—including constitutionality, physical office requirements, unpopulated joint ventures, and substantial control—to help businesses comply with and avoid harsh enforcement penalties. If you formed an entity on or after January 1, 2024, and are not subject to one of the exemptions, then you must file your initial BOI report within 90 days . . . Read More