BLOG: Impact of DOL’s Changes to FLSA Salary Basis Test on Government Contractors and Commercial Businesses
On September 24, 2019, the Department of Labor (DOL) announced its final rule to change the Fair Labor Standards Act’s (FLSA) salary basis test, which is integral to classifying an employee as exempt from overtime payments. In order to designate an employee as FLSA overtime exempt, an employer must ensure that the employee meets both a salary basis test, which establishes a salary threshold, and a duties test, which establishes the types of responsibilities and knowledge required to be eligible for an . . . Read More
Ex Rel. Radio – The Whistleblower’s Complaint: First-Of-Its-Kind Cybersecurity FCA Settlement
Weekly Update for Government Contractors and Commercial Businesses – September 25, 2019
If you have questions concerning the content below, please visit this link . FALSE CLAIMS ACT Small Businesses and the False Claims Act (FCA): Are More FCA Cases Against Small Businesses on the Horizon? September 19, 2019, Timothy Valley On August 20, 2019, the U.S. Department of Justice (DOJ) announced that it had reached a $20 million settlement with Luke Hillier (Hillier), the majority owner and former CEO of a Virginia-based defense contractor, ADS, Inc. (ADS), to resolve “allegations that he violated the FCA . . . Read More
BLOG: Minimum Wage for Government Contractors Increases January 1, 2020
Executive Order 13658, Establishing a Minimum Wage for Contractors (the Order) established a minimum wage for employees working on, or in connection with, covered government contracts. Each year, the Department of Labor (DOL) assesses the established minimum wage and, using determined methodology, announces an increase. On September 19, the DOL announced [1] the rate would increase to $10.80 per hour on January 1, 2020. The required minimum cash wage that generally must be paid to tipped employees performing work on, or in connection with, covered . . . Read More
BLOG: Small Businesses and the FCA: Are More FCA Cases Against Small Businesses on the Horizon?
On August 20, 2019, the U.S. Department of Justice announced that it had reached a $20 million settlement with Luke Hillier (Hillier), the majority owner and former CEO of a Virginia-based defense contractor, ADS, Inc. (ADS), to resolve “allegations that he violated the False Claims Act (FCA) by fraudulently obtaining federal set-aside contracts reserved for small businesses that his company was ineligible to receive . . . .” The resolution of the claims against Hillier follows ADS’s payment of a . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 19, 2019
If you have questions concerning the content below, please visit this link . NATIVE AMERICAN LAW Key Ruling on Native American Sovereign Immunity Stands—for Now, September 13, 2019, Paul Mengel The Fourth Circuit case Williams v. Big Picture Loans is being hailed as a major victory for Native American sovereign immunity rights. For entities owned by Native American tribes, the case stands as an important ruling for determining arm-of-the-tribe sovereign immunity. The case may be appealed . . . Read More
BLOG: Protégé Subcontract Revenues from Mentor Hold No Basis for Economic Dependence
An important benefit of a mentor-protégé agreement (MPA) is that no determination of affiliation may be found between a protégé and its mentor solely because of assistance provided under the agreement. A recent decision of the Small Business Administration (SBA) Office of Hearings and Appeals (OHA), Avar Consulting, Inc., [1] upheld a size determination which found that a protégé was not affiliated with its SBA-approved mentor through economic dependence, even though the revenues it received from the mentor constituted over 70% of . . . Read More
BLOG: 5 Things Government Contractors Should Know About Task Order Protests
With the fiscal year coming to a close, federal agencies are issuing notices of award and disappointed offeror letters. Because of the push toward category management and the growth in government-wide acquisition contracts (GWAC) and indefinite delivery, indefinite quantity (IDIQ) contracts, many of the procurements involve task orders. Although a task order may be similar to a contract in many respects, the rules that apply to protesting the award of a task order are different. Understanding these rules is essential for . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – September 10, 2019
If you have questions concerning the content below, please visit this link . GOVERNMENT CONTRACTS LAW Late Is Late—Even on the GSA Schedule, September 9, 2019, Katie Flood In a recent blog , we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation among government contractors. However, the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) have consistently held that it is proper for an agency to reject a late offer, . . . Read More
PilieroMazza Expands Footprint in Baltimore/Annapolis Metro Area
ANNAPOLIS, MD, SEPTEMBER 9, 2019: PilieroMazza –a business law firm serving as a strategic partner to government contractors and commercial businesses–is pleased to announce its expansion into Annapolis, Maryland. Managing Partner, Pamela Mazza , remarked, “With its proximity to the greater Baltimore/Annapolis business communities, Ft. Meade, US Cyber Command, and NSA, we are excited about the opportunities the Annapolis office will bring.” Residing in the Annapolis office will be Kathryn Hickey, a Partner and Practice Chair of the Firm’s Business & Transactions Group , who said “The new Maryland . . . Read More