Weekly Update for Government Contractors and Commercial Businesses – September 29, 2020

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LABOR & EMPLOYMENT

DOL Proposes Update to Independent Contractor Status Under FLSA
The Department of Labor (DOL) issued a notice of proposed rulemaking and request for comments. The proposed rule would revise DOL’s interpretation of independent contractor status under the Fair Labor Standards Act (FLSA) to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy. Comments are due October 26, 2020. Read more here. Read the related DOL press release here.

Upcoming Labor & Employment Presentations

WEBINAR: Revisiting Executive Compensation and Employee Incentive Plans, October 20, 2020, Nichole Atallah and Kathryn Hickey. [Read More]

CYBERSECURITY & DATA PRIVACY

CMMC Rule Change Now Through Interagency Review Process
FedScoop reported that the Department of Defense (DOD) will soon publish an interim final rule enacting the Cybersecurity Maturity Model Certification (CMMC), which would then become an official rule in the Defense Federal Acquisition Regulation Supplement. FedScoop also reported that there will be a public comment period once DOD publishes the interim rule. Read more here.

GOVERNMENT CONTRACTS

Review of PPP Forgiveness
The U.S. House of Representatives’ Committee on Small Business, Subcommittee on Economic Growth, Tax, and Capital Access held a hearing titled “A Review of PPP Forgiveness.” The hearing provided an overview of the Paycheck Protection Program (PPP) loan forgiveness process and featured the experiences of lenders, borrowers, and other stakeholders. Watch the hearing here.

Examination of PPP Loan Forgiveness, SBA Legacy Systems, and Inaccurate Data
The U.S. House of Representatives’ Committee on Small Business, Subcommittee on Innovation and Workforce Development held a hearing titled “Paycheck Protection Program: An Examination of Loan Forgiveness, SBA Legacy Systems, and Inaccurate Data.” The hearing covers PPP implementation issues, technology systems, and related concerns about the accuracy of data, as well as SBA’s system for forgiveness. Watch the hearing here.

COVID-19: Federal Efforts Could Be Strengthened by Timely and Concerted Actions
The Government Accountability Office released a report analyzing the government’s response to the COVID-19 pandemic. The report examines key actions the federal government has taken to respond to and recover from the pandemic, identifies “lessons learned” and offers recommendations for government action moving forward. Read more here.

Economic Impact of COVID-19 Relief Efforts
The Congressional Budget Office published a report analyzing the impact of the four major federal laws enacted in response to the COVID-19 pandemic, their impact on households, businesses, and state and local governments. It also covers their short- and long-term impacts on the economy. Read more here.

GSA’s New Payroll Modernization Program Near Launch
Federal News Network reported that the General Services Administration (GSA) expects to launch its first set of capabilities under the NewPay program this fall. NewPay is a government-wide initiative that seeks to modernize payroll services. It will incorporate a minimally viable product that will calculate payroll in a consistent, complete, and holistic manner. Read more here.

SBA’s New Lender and Development Company Loan Programs
SBA issued a bulletin announcing that, on October 1, 2020, an updated SOP 50 10 6 will replace the current SOP 50 10(K), which will provide a better-organized and readily-navigable electronic document that contains the rules of SBA’s 7(a) and 504 lending programs. 

Upcoming Government Contracts Presentations

WEBINAR: CMMC Panel Discussion, September 30, 2020, Jon Williams. [Read More]

WEBINAR: Comparing and Contrasting Set-Aside Advantages, October 7, 2020, Cy Alba. [Read More]

WEBINAR: PCI Subcontracting Summit 2020: Purchasing Systems, October 27, 2020, Cy Alba. [Read More]