Yesterday, by a vote of 49-48, the Senate passed a house joint resolution disapproving the final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. The House previously passed the resolution in February. The resolution now goes before President Trump, where all signs indicate he will sign it into law. The Executive Order and ...›
On February 3, 2017, the Fifth Circuit decided US ex rel Vavra v. Kellogg Brown & Root, No. 15-41623, 2017 WL 473873 (5th Cir. 2017), determining that defendant KBR could be held vicariously liable under the enhanced penalty provisions of the Anti-Kickback Act (AKA), 41 U.S.C. § 8701-07, for one of its employee’s acceptance of kickbacks ...›
There has been a debate for years about whether employers can, by agreement, prohibit their employees from “blowing the whistle” on them. The prudent view was this could be viewed by the courts as a violation of public policy, particularly in the context of the civil False Claims Act. Several agencies have now put the ...›
On November 17, 2016 at 2PM EST, Morrison & Foerster associates Cynthia Akatugba and Anna Ferrari will conduct a one-hour webinar on the Fair Pay and Safe Workforces Rule. The FAR Council and DOL recently issued new rules and guidance implementing Executive Order 13673 Fair Pay and Safe Workplaces, which were set to go into ...›
Last week, Judge Marcia Crone of the United States District Court for the Eastern District of Texas stopped the implementation of controversial provisions of Executive Order 13673, Fair Pay and Safe Workplaces, the associated FAR rule and Department of Labor Guidance (“the rules”). The Executive Order, which was first issued in 2014, requires contracting officers ...›
Contractors and practitioners took notice last month when the FAR Council issued a final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. To help contractors and agencies navigate this new regime, the Department of Labor (“DOL”) simultaneously issued guidance on the new rule. ...›