High Court Breaks from Precedent: Holds FLSA Exemptions Are Not to Be Narrowly Construed
In a 5–4 decision , the U.S. Supreme Court last Monday held that auto service advisors—car dealership employees who consult with customers about service needs and suggest repair services—are exempt from overtime requirements under the Fair Labor Standards Act (“FLSA”). The decision follows a 2011 Department of Labor rule that excluded these service advisors from the exemption. As a reminder, the FLSA requires that companies pay covered employees time and a half for all hours worked in excess of 40 each . . . Read More
DoD Issues Class Deviation to Implement Enhanced Postaward Debriefing Requirements from FY 2018 NDAA
On Thursday, March 22, the Department of Defense (“DoD”) issued a Federal Acquisition Regulation (“FAR”) class deviation in light of the enhanced postaward debriefing rights required by Section 818 of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018. The NDAA, which was signed into law on December 12, 2017, requires revisions to the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement a number of changes to debriefing requirements for DoD procurements. For instance, the NDAA requires a written . . . Read More
PilieroMazza Receives JD Supra Readers Choice Award
Our attorneys have been recognized in JD Supra’s 2018 Readers’ Choice Awards as the top firm for Government Contracting content! Each year JD Supra acknowledges and celebrate firms that lead the way with top visibility and engagement in their 26 award categories. You can find our attorney’s articles on the PM Legal Minute Blog and all of our other publications on the Publications page of this website.
The Weekly Update for March 30, 2018
DEPARTMENT OF DEFENSE FAR Class Deviation for Enhanced Debriefings The Department of Defense (DoD) issued a FAR class deviation last Thursday for enhanced debriefings in light of Section 818 of the FY2018 NDAA (NDAA 2018). This deviation is effective as of March 22, 2018, and allows for the offeror to submit questions within two business days of a debriefing, which the agency should answer, as much as practicable, within five business days. The debriefing shall not be concluded until the agency provides responses . . . Read More
SAM, I AM: New Verification Requirement for SAM.gov Likely to Delay New Registrations
Registering with SAM.gov is a fact of life for government contractors. And, from what we often hear, a challenging fact at that. Indeed, it can be difficult to navigate the registration process, and it is time-consuming. Plus, processing times can be slow, from a few weeks to longer in extreme cases. These realities of the SAM.gov registration process can cause stress for a new entity that is registering in SAM.gov for the first time and needs the registration completed before . . . Read More
Lack of Judges Leads to Longer Litigation Times
During the past three years, the number of judicial vacancies in U.S. federal courts has quickly grown. While there has been a flurry of individuals recently nominated to fill the vacant judgeships, many positions remain open. This has led to clogged dockets and increased the length of time it takes cases to be resolved in federal courts. Of the 890 authorized judgeships in federal district courts and courts of appeals, 147—16 percent—are vacant. Many of the judicial positions have been . . . Read More
HUBZone Maps Will Be Frozen Until December 2021
The Small Business Administration (“SBA”) has made changes to the HUBZone maps to implement the new changes from the National Defense Authorization Act for Fiscal Year 2018 (“NDAA”). In December , we wrote about the changes to the HUBZone Program that would result from the 2018 NDAA, which included a requirement that the HUBZone map stay the same until at least January 1, 2020. Since then, SBA has taken the following steps: All areas that were listed as “Redesignated” on 12/12/17 . . . Read More
The Weekly Update for March 23, 2018
GOVERNMENT CONTRACTING McCaskill Pushes the Department of Homeland Security to Hold Government Contractors Accountable for Waste, Fraud, and Abuse of Taxpayer Dollars According to an article on hsgac.senate.gov , U.S. Senator Claire McCaskill, the top-ranking Democrat on the Homeland Security and Governmental Affairs Committee, is calling for answers after a recent report from the Department of Homeland Security Office of Inspector General highlighted problems with the department’s Suspension and Debarment Program. The program is tasked with penalizing contractors that have engaged in . . . Read More
Cybersecurity Update—Round II
As part of our continuing effort to keep you updated with new developments relating to compliance with the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) 252.204-7012, this blog post provides a link to the long-anticipated template for a system security plan (SSP) and other key information related to implementation of the security controls set forth in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171. Template for SSP The Computer Security Resource Center portion of . . . Read More
ASBCA Confirms That It Has Jurisdiction to Entertain Fraud-Based Defenses
The Federal Circuit’s holding in Laguna Construction Co. v. Carter seemed, when the case was decided in 2016, to scale back the Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction to entertain fraud-related defenses. 828 F.3d 1364. In that case, the government asserted a defense that Laguna could not recover in its claims because several of the company’s officials had pled guilty to a kickback scheme involving those contracts. The ASBCA found in the Government’s favor, relying on the guilty . . . Read More