False Claims Act Insights - Can DE&I Initiatives Lead to Potential False Claims Act Liability?
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business Matters
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
DE Under 3: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection
Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise DBE Program
Excitement, Turbulence & Confusion: The Top 10 Employment Law Issues That Affected Federal Contractors in 2023
Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule
DE Under 3: What Federal Contractors Need to Know About OFCCP's New Audit Scheduling Letter
[Podcast] TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors
Partnering to Win: Teaming, Subcontracting, Joint Ventures, and Mentor Protégé Agreements
Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors
DE Under 3: OFCCP's Modified Proposal to Revise Scheduling Letter & Itemized Listing Revealed Via Newly Proposed Documents
Flow-Down Clauses in Federal Government Contracts - Tutorial 1 (Fundamentals)
Joint Venture Basics for Large and Small Contractors
Webinar: Trademarks and Government Contracting
Bidding for Major Contracts? Compliance Requirements You Should Prepare for Now
#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities - Employment Law This Week®
Government Contractors: Preparing for OFCCP’s Affirmative Action Program Compliance Certification
On January 4, 2022, Labor Law §198-e – known as New York’s Wage Theft Law – went into effect. The Wage Theft Law, which applies to private construction projects, makes the prime/general contractor responsible for unpaid wages...more
For contractors and subcontractors providing certain services to the federal government, compliance with the Service Contract Act (or Service Contract Labor Standards) is required. Unique bidding and performance requirements...more
Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration...more
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more
Seyfarth Synopsis: The Ninth Circuit Court of Appeals once again has asked the California Supreme Court for assistance in determining important questions of California law. Last week, the Ninth Circuit certified three...more
President Biden’s latest Executive Order (EO), signed Friday, mandates U.S. agencies to require the use of project labor agreements (PLA) on large federal construction projects. PLAs are collective bargaining agreements...more
The State of New York is poised to pass wage theft legislation that could have a major impact on the construction industry across the state. Among other things, it would impose greater liability risk on prime contractors and...more
The Biden Plan for Strengthening Worker Organizing Collective Bargaining and Unions specifically endorses several California employment laws as models for the whole country. Accordingly, the many new employment laws set to...more
California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more
Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more
Transfer of former contractors´ employees to new subcontractor under the applicable collective bargaining agreement. Exemption of liability of new subcontractor on the salary debts of the previous contractor (Judgement of the...more
The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more
Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....more
On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...more
Last week, the National Labor Relations Board reversed long-standing precedent and ruled that a company may be a joint employer of another company’s workers if it has the right to control those workers, even if that right is...more
The National Labor Relations Board (NLRB or Board), in a long-anticipated 3-2 decision along party lines, established a new and broader standard for determining whether two separate companies will be deemed joint employers...more
Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more
A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more
The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more
Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more
The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more
The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more