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CONSTRUCTION / LABOR & EMPLOYMENT
Construction Industry Wage-and-Hour Issues: 6 Tips for Laying a Foundation of Compliance, PilieroMazza Blog, Matthew E. Feinberg, Kirby Rousseau
The construction industry feeds a significant part of the U.S. economy, providing millions of short- and long-term jobs across the country on an annual basis. Since the passage of the Infrastructure Investment and Jobs Act in late 2021, the federal government has begun pumping the Congressionally-allocated $1.2 Trillion into transportation and infrastructure spending, with over $550 Billion allocated to new investments and programs. This federal re-investment into the construction industry, added to already-robust private construction spending, has led to increased demand for construction workers and increased risk of costly labor compliance issues. With an increase in the construction industry workforce, construction companies operating in both the public and private sectors must be cognizant of their wage payment obligations to avoid costly litigation and wage penalties. PilieroMazza offers 6 tips for construction employers seeking to lay a foundation for wage-and-hour compliance. Read more here.
Department of the Treasury (Treasury) Final Rule: Increased Amounts of Credit or Deduction for Satisfying Certain Prevailing Wage and Registered Apprenticeship Requirements
On June 25, the Treasury’s Internal Revenue Service (IRS) published a final rule allowing for increased deduction for taxpayers satisfying prevailing wage and registered apprenticeship requirements. The published rule is available here and is August 26, 2024.
U.S. Supreme Court Opinion: Starbucks v. National Labor Relations Board (NLRB)
On June 13, the U.S. Supreme Court issued an opinion requiring a new four-factor test courts must use when deciding to grant or deny a preliminary injunction requested by the NLRB when active litigation is pending under Section 10(j) of the National Labor Relations Act (NLRA). Section 10(j) allows NLRB to request a preliminary injunction against employers and/or unions when NLRB unfair labor practices occur, which is intended to stop those practices during the pendency of a case. The full opinion is available here.
Biden’s 2% Raise More Likely Upon Advancement of Senate Defense Policy Bill, Government Executive
The Senate Armed Services Committee last week advanced its version of the fiscal 2025 National Defense Authorization Act, endorsing a 2% average pay raise for civilian federal workers alongside a 4.5% increase for military service members. Read more here.
Upcoming Labor & Employment Presentations
CONFERENCE: New Employment Issues in Government Contracting, July 23, 2024, Sarah L. Nash, Nichole D. Atallah
FALSE CLAIMS ACT / AUDITS & INVESTIGATIONS
Common Scenarios Triggering False Claims Act Violations, Part 1: Government Contracts and Cybersecurity, PilieroMazza Webinar Replay, Matthew E. Feinberg, Isaias “Cy” Alba, IV, Jacqueline K. Unger. Click here to access the webinar replay.
Upcoming False Claims Act / Audits & Investigations Presentations
PM WEBINAR: Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues, June 27, 2024, Matthew E. Feinberg, Jessica A. duHoffmann, Sarah L. Nash
PM WEBINAR: Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations, July 2, 2024, Matthew E. Feinberg, Mark F. Rosenow
Office of Management and Budget (OMB) Notice: Application of Cost Accounting Standards (CAS) to Indefinite Delivery Vehicles (IDVs)
On June 18, OMB’s Office of Federal Procurement Policy (OFPP) published a notice and request for comments announcing the availability of a document requesting information from the public about amendments to the CAS Board’s rules for apply CAS to IDVs. The notice is available here. Comments close August 19, 2024.
GSA Launches Co-Pilot Tool to Streamline Procurement, MeriTalk
The General Services Administration (GSA) announced a new online tool to help make the government procurement process easier for Federal employees. Read more here.
Upcoming Government Contract Presentations
PM WEBINAR: Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR), July 9, 2024, Katherine B. Burrows, Eric Valle
WEBINAR: FAR Session 14, Parts 22 & 23, July 10, 2024, Sarah L. Nash, Nichole D. Atallah
WEBINAR: Do’s and Don’ts of Subcontracting on Federal Projects, July 11, 2024, Isaias “Cy” Alba, IV, Nichole D. Atallah
CONFERENCE: Using JV’s to Win Work with GSA and Beyond, July 23, 2024, Jon Williams
INTELLECTUAL PROPERTY & TECHNOLOGY RIGHTS
Patent and Trademark Office (USPTO) Manual: Trademark Manual of Examining Procedure (TMEP)
In May 2024, USPTO updated its TMEP to provide trademark examining attorneys, trademark applicants and their attorneys and representatives a resource and reference on the practices, procedures for prosecution of applications to register marks. The updated manual is available here.