With Hurricane Idalia about to make its landfall in Florida, businesses today are more than ever primed to focus on not just the preparation but the potential adverse impacts that this natural disaster could trigger. Key among these would be possible effects on their contractual obligations. In the world of business and real estate contracts,…
In entity of the global labor law service Ius Laboris, an enlightening commentary has been made on the impending Pay Transparency Directive, a legislation set to create new gender pay gap reporting obligations throughout the European Union. The development is designed to enhance income transparency in an effort to curb the persistent problem of gender-based…
A federal judge in New Jersey has recently struck down AB 5207, a law that banned the detention of individuals for violating civil immigration laws, ruling it as unconstitutional. U.S. District Judge Robert Kirsch held that the law, when applied to private prison operators, is a violation of the Supremacy Clause of the U.S. Constitution….
The City of Los Angeles has introduced the Freelance Worker Protections Ordinance, enforcing fresh stipulations on the hiring of independent contractors and freelance workers and introducing new penalties for contraventions of its terms. This new measure took effect from July 1, 2023. This ordinance is applicable to both written and oral contracts made between a…
The current employment market presents complications for businesses across sectors. As many companies struggle with finding enough employees to cover shifts, costs for pay increases and recruitment continue to rise. Additionally, inflation and other market pressures are driving up operating costs, impacting bottom lines significantly – a predicament shared by law firms and corporations worldwide….
The US Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently concluded that certain intraoperative neuromonitoring (IONM) services arrangements are capable of generating prohibited remuneration under federal laws. The findings were part of OIG’s release of Advisory Opinion No. 23-05. This evaluation, which took a deep dive into the formation and…
Changes are afoot for federal construction contractors in the United States, as the Davis-Bacon Act and the Davis-Bacon Related Acts undergo significant modifications. As detailed in a recent posting on JD Supra, the Department of Labor (DOL) is implementing adjustments that will increase both prevailing wage and fringe benefit requirements for contractors working on government…
In recent news, a construction contractor successfully contested a COVID-related construction claim, an uncommon outcome that could provide insights for future litigation. Typically, such claims – particularly those tied to pandemic-related costs under fixed-price contracts – are more often denied by courts and boards than approved. This recent case, summarized by PilieroMazza PLLC, outlines important…
As part of a continual effort to battle human trafficking, the federal government has proved its dedication to maintain a zero-tolerance policy. Late last year, President Biden served to bolster these ongoing efforts by authorizing bipartisan legislation that takes a robust stand against this illicit trade. A critical element within this legislation is the heightened…
Recent years have seen an ongoing melange of legalities vehemently deliberated in courtrooms across the United States, none more fiercely contested than the Fixed vs. Floating Suits. Legal professionals might ask, when will this series of cases come to their ultimate conclusion? As the renowned legal news outlet JD Supra asks rhetorically, “When will Texas…
Healthcare insurance provider Blue Cross Blue Shield of Arizona (AZ Blue) has recently disclosed that a security breach occurred at TMG Health, one of its vendors. This breach has affected the personal data of over 47,000 AZ Blue customers. The incident was discovered and first reported to the U.S. Department of Health and Human Services…
In the ever-evolving world of digital financial transactions, terms such as Bitcoin, virtual currencies, and digital assets have become focal points. With their power of disruption, these digital innovations pose a series of challenges for legal professionals worldwide. As set out in Chapter 6 of Notice 2014-21, we start by diving into the specifics of…
On August 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced a crucial revision to its Combined Scheduling Letter and Itemized Listing. This revision has immediate implications for compliance evaluations scheduled on or after August 24, 2023, bringing about changes to supply and service agreements. Proskauer, a leading firm in government contractor compliance,…
In recent developments in England’s legal world, there have been substantial cases that highlighted the express duty of “good faith” within the legal infrastructure of the country, especially in the context of commercial real estate. Katten Muchin Rosenman LLP details these events in-depth in one of their advisories. The expectation of “good faith” in legal…
The COVID-19 pandemic’s devastating impact has led to a wave of personal injury claims from families of those severely affected by the disease. These claims, particularly cases involving employees supposedly acquiring COVID while on the job, are often brought before state courts. However, according to Goodell, DeVries, Leech & Dann, LLP, these claims may not…
In a constantly evolving legal landscape, businesses across the globe need to stay vigilant in their review and refinement of critical documentation, including “standard” employment and separation agreements. There is an increasing urgency for this due to recent trends, most notably a burst of activity from the U.S. National Labor Relations Board (NLRB) and its…
In a recent case, Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (ASBCA or the Board) made it clear that a failure on the part of the federal government to include or incorporate the McNamara-O’Hara Service Contract Act (SCA) FAR Clause 52.222-41 (the SCA Clause) in a contract, does…
In 2014, a remarkable controversy unfolded within the corporate world of Jimmy John’s, a popular sandwich franchise. An employee divulged the existence of a non-compete agreement that all employees had to sign, regardless of their position within the company hierarchy. This included everyone from store-level employees such as sandwich creators and delivery drivers to those…
About the enforcement of non-compete clauses and liquidated damages provisions, it’s crucial to be aware that regulations and viewpoints of pertinent bodies, especially The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB), can significantly impact their legality and application. Non-compete covenants and liquidated damages clauses are often used in employment contracts to…
The legal landscape continues to evolve, with constant updates in the realm of financial regulations. Among the most recent developments, the Office of Financial Research has published a brief entitled, “Work-from-Home and the Future Consolidation of the U.S. Commercial Real Estate Office Sector: The Decline of Regional Malls May Provide Insight.” The briefing points towards…
As the winds of change continue to sweep across the legal landscape vis-a-vis labor and employment regulations, corporate legal professionals need to stay ahead. The most recent example of this evolving landscape is the amendment to the Illinois Equal Pay Act. Notably, Illinois Gov. J.B. Pritzker signed this modification, which will come into effect from…
The Office of Federal Contract Compliance Programs (OFCCP), the federal agency responsible for overseeing affirmative action and federal contract compliance, is set to introduce a significant adjustment to its audit procedures and conciliation practices affecting federal contractors, according to a report. The modifications to these protocols, which involve alleged discriminatory practices, herald a significant shift…
In a landscape where government regulations increasingly intersect with tech, federal contractors need to stay up-to-date on the current rules and revisions. One development of particular importance is the No TikTok on Government Devices Act, which has led to a recent rule banning the TikTok app from government devices. This rule extends to all government…
In what could be seen as a crucial legal resolution for corporate manufacturers and their military clients alike, 3M Co. has confirmed an agreement to shell out $6.01 billion over the next half-decade. This enormous sum is aimed at placating approximately 260,000 lawsuits brought forth alleging the company supplied defective ear plugs to the US…
In a notable decision, the U.S. Court of Appeals for the Federal Circuit has reviewed the application of the Contract Disputes Act’s (“CDA”) requirement for claims to state a “sum certain”. The case, ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), posed vital questions regarding…