Labor & Employment

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour. Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for Employers

On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify they have developed, and continue to maintain, AAPs.  Continue Reading OFCCP Requires Affirmative Action Program Certification by July 1

On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP). Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community

On January 5, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing non-competes on workers, and, if finalized, will have far reaching implications for many businesses operating in the United States. The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, non-competes that bar workers from accepting competing employment or starting a competing business would be prohibited.

Join us for a webinar in which Bass, Berry & Sims labor & employment and antitrust attorneys will address topics and concerns pertaining to the proposed ban, including:Continue Reading Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You

On January 6, U.S. District Judge John Tuchi in the District of Arizona agreed to dismiss a lawsuit brought by five states challenging the April 2022 Executive Order (EO), increasing the minimum wage for federal contractors to $15 per hour. Arizona, Idaho, Indiana, Nebraska, and South Carolina argued the administration did not have the authority to stipulate an increase in the minimum wage of federal contractors under the Federal Property and Administrative Services Act (FPASA). Judge Tuchi disagreed.Continue Reading Arizona Judge Dismisses Challenge to Government Contractor Minimum Wage Executive Order

I recently authored an article for Connector, the official magazine of the Steel Erectors Association of America, outlining the types of government contracts and workers impacted by Executive Order 14026 (EO 14026) that increased the minimum hourly wage for certain federal contractors from $10.50 to $15.00. This increase went into effect on January 30, 2022 and is intended to promote “the government’s procurement interests in economy and efficiency by contracting with sources that ‘adequately’ compensate their workers.”
Continue Reading Impact of Increased Minimum Wage Requirement for Federal Contractors

Over the past year, the Biden administration has issued a number of labor and employment executive orders applicable to government contractors. Some of those requirements are updates to Obama-era executive orders, while others are new. Together, these obligations, which include an almost 50% increase to the applicable minimum wage, can have a significant impact on contractors.

For any government contractors that have questions about these labor and employment changes, we hope you can join us for an overview of these recent developments.Continue Reading [WEBINAR] What Was Old is New Again – Government Contractor Labor & Employment Updates

On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal construction projects valued at $35 million or more agree that for that project, the companies will “become a party to a project labor agreement [PLA] with one or more appropriate labor organizations.”  A prior EO issued by President Obama, which the recent EO drew liberally from, encouraged the use of labor agreements on large construction projects, but we are not aware of any prior EO mandating their use.
Continue Reading Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects