Client Alerts Archives | Page 2 of 19

Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)

In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council published a new final rule (Rule), primarily addressing sustainability practices and enforcing agency obligations to procure sustainable products and services. Below, PilieroMazza highlights key aspects of the Rule and outlines potential challenges and opportunities for federal government contractors. The Rule On April 22, 2024, the FAR Council published a new rule that takes effect today, May 22, 2024, focused on sustainable procurement . . . Read More

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban

Client Alerts 04.24.24

By: Nichole D. Atallah, Sarah L. Nash

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”). As suspected, business groups, including the U.S. Chamber of Commerce, worked quickly to file a complaint in the U.S. District Court for the Eastern District of Texas arguing that the FTC lacks the authority to promulgate rules that define unfair competition, violating the Administrative Procedures Act, and is limited to challenging anti-competitive practices. As we await the . . . Read More

Employee Retention Credit: Moratorium, Withdrawals, and March 22 Deadline for Voluntary Disclosure Program

Client Alerts 03.13.24

By: Abigail “Abby” L. Baker, Sarah L. Nash

The Employee Retention Credit (ERC)—sometimes called the Employee Retention Tax Credit or ERTC—is a refundable tax credit for certain eligible businesses and tax-exempt organizations that had employees and were affected during the COVID-19 pandemic. Amid growing concerns about aggressive marketing and scams involving fraudulent activity, the Internal Revenue Service (IRS) has announced several initiatives aimed at helping small businesses concerned about an ineligible ERC claim. In this client alert, PilieroMazza summarizes key points of the ERC and important considerations to . . . Read More

The Corporate Transparency Act: Updates, Requirements, and Enforcement for Small Businesses

Client Alerts, Business & Transactions 02.20.24

By: Isaias “Cy” Alba, IV, Abigail “Abby” L. Baker

The Corporate Transparency Act (CTA) has been a hot topic for small business owners since its inception. As we approach its effective date on January 1, 2024, it’s crucial to understand CTA’s implications for small businesses. Below, attorneys in PilieroMazza ’s Business & Transactions Group offer guidance to small business owners and their senior officers on CTA compliance and potential criminal and monetary penalties for failure to report information required by the CTA. PilieroMazza attorneys will also present “Understanding the Corporate Transparency Act: Implications and . . . Read More

February 14 Deadline: Employers Must Inform Current and Former Employees of Void California Non-Competes or Face Unfair Competition Violations

Client Alerts 01.29.24

By: Nichole D. Atallah, Zachary S. Stinson

Companies with California employees who are subject to non-competes have a fast-approaching deadline of February 14, 2024, to notify those individuals that these agreements are void or risk legal liability under a new California law. While California has long been hostile to non-compete agreements and other restrictive covenants, the legislature passed an amendment to Section 16600 of the Business and Professions Code mandating California employers send written notice to current and certain former employees that their non-compete clauses or agreements . . . Read More

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024

Client Alerts 12.20.23

By: Nichole D. Atallah, Sarah L. Nash, Kirby Rousseau

On December 14, 2023, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published its long-awaited Final Rule , “Nondisplacement of Qualified Workers Under Service Contracts.” The rule defines service contractors’ latest obligations to offer certain incumbent employees a right of first refusal and implements the Biden Administration’s Executive Order (EO) 14055 , which PilieroMazza previously wrote about here . While previous iterations of the Service Contract Act’s (SCA) nondisplacement obligations may have been implemented, the Final Rule includes a number of heightened obligations and responsibilities . . . Read More

SBA Tightens Enforcement of HUBZone Regulations

Government Contracts, Client Alerts 09.26.23

By: Antonio R. Franco, Jon Williams, Isaias “Cy” Alba, IV, Matthew E. Feinberg

Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the HUBZone program. In this client alert, PilieroMazza details the SBA’s enforcement efforts and the major implications for HUBZone contractors who do not comply with program requirements. On September 20, 2023, the SBA issued a press release announcing its plan to strengthen enforcement of HUBZone regulations. The press release, titled “U.S. Small Business Administration Acts . . . Read More