Posts in Employment Law
The Truck Stops Here: DOL’s Enforcement Actions Against Fine Print

The US Department of Labor (“DOL”) announced actions it is taking to combat what it calls “coercive ‘fine print’ provisions” in employment agreements. One such action led to an injunction that barred a company from using its employment agreement to shift the cost of a wage and hour suit onto the very truck drivers who brought the claim. So, be advised—DOL is reading your fine print.

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A Minimalist Opinion Comes Out in the Maximus Bid Protest Case

The Government Accountability Office ("GAO") whiffed in its recent decision in the Maximus Federal Services bid protest. The contractual Labor Harmony Agreement ("LHA") clause violates the FAR neutrality mandates, and a long line of previous decisions says GAO could have stepped up and curbed this excess. It was a missed opportunity for GAO to do the right thing.

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We Have Met the Enemy… Texas Court Strikes Down FTC Non-Compete Ban

Last week, a Texas Federal Court granted a permanent injunction that strikes down the Federal Trade Commission’s (“FTC”) much-maligned ban on employee non-compete agreements. Many tout this ruling as a HUGE victory for employers. But which employers? Current ones? Future ones? Perhaps “we have met the enemy and he is us” (thanks Walt Kelly and Pogo).

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The Deviants Are Agency Actions Which Are Taken Without Securing a FAR Deviation: SCA, DBA and NLRA Additive Contractual Terms

Some changes agencies make to US Government contracts may vary existing rules and thus constitute deviations to the Federal Acquisition Regulation (“FAR”). Deviations to the FAR require approval of the FAR Council. The contracting agency is not free to implement special contract terms which deviate from the FAR without securing that approval.

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Blog Two: Timing of New Wage Determinations for Remote Workers – Service Contract Act (“SCA”) Telework Issues  

The timing of when to add a new Service Contract Act (“SCA”) wage determination (“WD”) to a contract for remote workers can get rather complex. It depends on the facts. And the guidance is rather sparse. Here we try to parse the rules and offer some practical guidance.

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Artificial Intelligence vs. No Intelligence: DOL Issues New Field Assistance Bulletin (FAB) No. 2024-1, With Guidance On the Use of Artificial Intelligence in the Workplace

The Department of Labor has issued a new bulletin meant to reiterate the need for human supervision and responsibility over artificial intelligence software used in the workplace for compliance with the FLSA and other requirements.

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A Thumb on the Scale? Department of Labor Establishes “Partnership” with Union

The Wage and Hour Division (“WHD”) of the US Department of Labor (“DOL”) announced last week a three-year “collaborative agreement” with a union to educate workers and identify labor law violations. Is this an unfair thumb on the scale? Hopefully not, but this agreement arguably erodes the degree of independence that should accompany the Government’s enforcement of employment laws.

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Back Up the Truck – Mandatory Project Labor Agreements For Federal Construction Projects Are Here!

New rules are now issued and Project Labor Agreements (“PLAs”), which are pre-hire collective bargaining agreements with one or more labor organizations that establishes the terms and conditions of employment will be mostly mandatory for federal government construction projects of $35M or more.

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Government Proposes New Rules Regarding Compensation History and Salary Transparency

A newly proposed policy and related rules would require federal contractors to disclose the compensation and benefits they intend to furnish to job applicants. Contractors also would be prohibited from seeking or using an applicant’s salary history as part of its hiring decision. If adopted, the proposal would apply to almost all federal contractors.

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Figure it Out: Complying with the Space Requirements of the PUMP at Work Act

Enacted in late 2022, the PUMP at Work Act expanded the right of nursing mothers to reasonable breaks and appropriate space to express breast milk in the first year of a child’s life. I recently ate at a small restaurant and wondered how it might be able to provide the space for a nursing mother. Barring truly significant hardship, my advice is to just figure it out.

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One of These Things is Not Like the Other – Confusion Over the Two Different Contractor Minimum Wage Executive Orders Clauses With the Same FAR Section Number

We have two different Contractor Minimum Wage Executive Orders. One requires a $12.15 minimum wage. The other requires a $16.20 an hour minimum wage. But the curious thing is they both use the same FAR section clause number — FAR 52.225-55. Confused.? So am I.

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