Posts in By Howard Wolf-Rodda
The Sky is Falling? Competing Proposals to Prohibit Noncompete Agreements

Noncompete agreements are under attack by recent proposals coming from the Biden Administration as well as a bipartisan group of Senators. Such clauses are standard fare for employment agreements, particularly for senior executives. However, in this world of remote work and a patchwork of state laws, a national rule might not be so bad after all. So, fear not, the sky actually might not fall if one of these proposals comes to pass.

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Is it Better to Be King? Not if You're Gyro King

The Fair Labor Standards Act (FLSA) authorizes the U.S. Department of Labor (DOL) to investigate, gather data, interview employees, enter and inspect work sites and review records as well as to gather data about hours worked and compensation paid. It can be quite intrusive; however, cooperation is certainly preferable to a perp walk. Read on to learn more about how an employer found himself arrested by the U.S. Marshal.

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If it Ain’t Broke, Fix it Again: DoD Issues Final Rule Implementing Preexisting Limitation on Federal Contractor Confidentiality Agreements

DoD recently issued a “new” rule to implement a prohibition of confidentiality agreements that would forbid employees or subcontractors to report waste, fraud or abuse. While there’s nothing actually “new,” read on to refresh your understanding of the rule and how you can ensure that your confidentiality agreements won’t run astray.

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Inflation Relief for Government Contractors: We’re Here to Help, Chapter Two

Federal contractors who hold multi-year fixed price contracts are feeling great pressure from this year’s high rates of inflation. DoD guidance issued in May essentially stated that these contractors should consider themselves up a well-known creek without a paddle. New guidance issued earlier this month offers a glimmer of hope by providing Contracting Officers a couple of options to provide relief to struggling contractors.

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Get “In Connection With” the Federal Contractor Minimum Wage

Under Executive Orders issued by President Biden, and before him, President Obama, federal contractors must pay a minimum wage to their nonexempt employees who work on or “in connection with” many federal contracts. The “in connection with” aspect of these Orders can trip up even seasoned federal contractors.

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Where oh Where? Choosing the Correct Forum for Government Contracts Disputes

If a government contractor has a bone to pick, figuring out who to complain to can feel a lot like a customer service phone tree. If you press three instead of one, you can find yourself being transferred to another department after hours of being on hold. Or you can get completely different answers depending on who you speak to.

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Government Contractors: Help! Inflation's Killing Us--Government: We're Here to Help (or not)

The Director of Defense Pricing and Contracting recently issued a memo to guide contracting officers in response to the impacts of inflation on federal contracts. Read on to find out how there’s some hope for future contracts, but little relief for contractors who hold existing fixed-price contracts.

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What's Plain is Plain? Supreme Court Takes Case to Resolve Divergent Views on FLSA Salary Basis Test

The Supreme Court this week agreed to hear an appeal to resolve differing interpretations of the Department of Labor’s “salary basis” regulations. Both sides are adamant that the “plain text” of one provision or the “plain terms” of another compel their favored result—that a highly compensated employee should, or should not, be entitled to overtime pay.

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There But for the Grace… Government Contracts Rules Lay Traps Aplenty

From time to time, I see a government contracts case that sends chills down my spine. A recent decision painfully reminds me of how the law governing our unique parcel in the vast lands of the legal world is rife with hard-to-see pools of quicksand that can trap even the most sophisticated contractors.

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Biden Executive Order Mandates Project Labor Agreements for Federal Construction Projects

President Biden issued an Executive Order on February 4, 2022 that will require contractors to enter into project labor agreements for large scale federal construction projects. Although PLAs have been “encouraged” for some time, this order will transform this preference into an absolute requirement.

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DOL: We’re Hiring!

The Department of Labor announced yesterday the Wage and Hour Division plans to hire 100 investigators this year. For sure, they’ll be earnest and energized. That’s why a solid grounding in the wage and hour laws affecting the government contractor community will be a powerful tool to ensure you get a fair shake.

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