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SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors

It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal...more

Federal Court Upholds Federal Contractor Minimum Wage Increase

On Jan. 6, 2023, the U.S. District Court for the District of Arizona upheld President Joe Biden’s authority to issue an Executive Order (EO) increasing the minimum wage for federal contractors and subcontractors to $15 per...more

Government Contractor Vaccine Mandate Remains Paused, Pending Guidance

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, as...more

Eleventh Circuit Narrows Scope of Contractor Vaccine Mandate Injunction

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, the U.S....more

Department of Labor Proposes Rule Granting Government Contractor Employees Right of First Refusal

On July 15, 2022, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that would require successor contractors to offer employees of predecessor contractors the first right of refusal for employment on...more

Federal “Ban the Box” Regulations Proposed

The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will...more

Federal Fair Chance Act Will Soon Require Federal Contractors to “Ban the Box”

In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...more

Judge Issues Nationwide Injunction Halting Federal Contractor Vaccine Mandate

On Dec. 7, 2021, the U.S. District Court for the Southern District of Georgia granted a motion for preliminary injunction in State of Georgia v. Biden, temporarily halting enforcement of President Biden’s federal contractor /...more

Judge Temporarily Halts Enforcement of Federal Contractor Vaccine Mandate in Three States

On Nov. 30, 2021, the U.S. District Court for the Eastern District of Kentucky granted a motion for preliminary injunction in Commonwealth of Kentucky, et al. v. Biden, et al., finding that President Biden’s broad authority...more

Questions, Answers and Predictions About New Federal COVID-19 Vaccination Mandates

As McGuireWoods noted in a Sept. 10, 2021 alert and Sept. 20, 2021 FAQs, President Biden’s “Path Out of the Pandemic” COVID-19 action plan is big on concept but thin on details pending yet-to-be-issued regulations. There is,...more

Biden Administration Announces COVID-19 Vaccine and Testing Mandates for Most Employers

On Sept. 9, 2021, President Biden announced a broad six-part strategy to combat COVID-19 at the federal level, including extensive new vaccination and testing requirements for large private employers, certain federal...more

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