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
Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
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
Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
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
Arizona Judge Dismisses Challenge to Government Contractor Minimum Wage Executive Order
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
Impact of Increased Minimum Wage Requirement for Federal Contractors
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
Government Contracts Labor & Employment Developments – Part 1
While we are still in the first half of 2022, it has already been a busy year in terms of labor and employment developments for government contractors. For any companies doing work for the federal government, whether as prime contractors or as subcontractors, it can be challenging to keep up with the perpetually changing requirements,
[WEBINAR] What Was Old is New Again – Government Contractor Labor & Employment Updates
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
Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects
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
If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might
UPDATE: On the evening of December 22, the Supreme Court announced that Justice Kavanaugh has referred the applications for an emergency stay of the OSHA ETS to the full court, those applications have been consolidated, and consideration of those applications has been deferred pending oral argument scheduled for January 7, 2022.
On January 7, the Supreme Court will also hear the oral argument regarding the application by the Department of Justice for a stay of the injunction issued by the District Court for the Western District of Louisiana of the CMS vaccine mandate. That application, which was submitted to Justice Alito, who is responsible for emergency applications from the Fifth Circuit, was also referred to the full Court.
In addition, on December 22, the District Court for the Southern District of Florida granted Florida’s request for a preliminary injunction of the government contractor mandate. This is the fifth injunction of that mandate, with four of the five courts finding that the president exceeded his authority under the Federal Property and Administrative Services Act. The parties have been given until December 29 to propose a preliminary injunction consistent with the order.
Finally, as of December 23, it does not appear that DOJ has sought an emergency stay of the injunctions of the government contractor vaccine mandate from the Supreme Court.Continue Reading If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might
Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide
On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor vaccine mandate against contractors and subcontractors in Kentucky, Ohio, and Tennessee had national impact, a nationwide injunction seemed to make sense.
Today, the District Court for the Southern District of Georgia, which held a hearing on a motion for a preliminary injunction on December 3, did just that.
The President Likely Exceeded Statutory Authority
The order granted the motion for a preliminary injunction filed by the plaintiffs – Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia – finding that they “will likely succeed in their claim that the President exceeded the authorization given to him by Congress through the Federal Property and Administrative Services Act (FPASA) when issuing Executive Order [EO] 14042.”Continue Reading Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide