Government Contractors: Time to Ditch Those Confidentiality Agreements

By Brooke Colaizzi and Glenn Schlabs On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors from lawfully reporting waste, fraud, or abuse to a federal agency’s Office of Inspector General. The FAR applies to all […]

Government Contractors Pay 56 PTO Hours

By Bill Wright The U.S. Department of Labor has issued its final rule on paid leave for employees working on or in connection with government contracts.  Contractors will be required to allow employees to accrue at least 1 hour of paid leave for each 30 hours worked on or in connection with government contracts.  Only […]

One More Reason Misclassification Kills

By John Alan Doran You’ve heard plenty about the evils of misclassifying employees as independent contractors. And, according to the DOL, among others, you’re still doing it wrong. The NLRB doubled down on this recently when the NLRB General Counsel released an advice memorandum stating that an employer’s misclassification of employees as independent contractors also […]

5 Keys to New AZ IC Law

By John Alan Doran We have repeatedly blogged on the Pushmi-Pullyu world of independent contractor relationships, a world in which employers can do no right.   (DOL Says Employers Are Morons)    Well, Arizona recently enacted a law providing at least some level of clarity to independent contractor status. HB 2114 creates a purely voluntary mechanism through which […]

SCOTUS Gives Fed Contractors Mixed Bag

By John Alan Doran Last week the U.S. Supreme Court issued an opinion that refines and re-defines liability for contractors accused of defrauding the Federal Government under the False Claims Act (“FCA”) in Universal Health Services, Inc. v. U.S.  The FCA creates broad, punitive remedies against contractors who defraud the Federal Government by seeking payment under […]

Federal Contractors Beware – Part 8

By Lori Wright Keffer On September 7, 2015, President Obama issued an executive order that will require federal contractors and subcontractors to provide their employees with up to seven or more paid sick leave days a year. The Order gives requirements for accrual, carryover, and payout of the leave, including that: (i) employees must accrue […]

Uber Driver Gets Tips and Tolls

By Doug Towns Employers that rely primarily on independent contractors continue to come under scrutiny. Recently, an Uber driver, Barbara Anna Berwick, brought a suit under California law arguing that she should be reimbursed for various expenses, including tolls and parking tickets, associated with her personal car that she used to carry Uber customers. Contending that […]

NLRB Rejects Opportunity

By Patrick Scully On September 30, 2014, the NLRB rejected the opinion of the District of Columbia Circuit in FedEx Home Delivery v. NLRB, 563 F.3d 492 (D.C. Cir. 2009) and found that an individual’s entrepreneurial opportunity for gain or loss IS NOT an animating factor in determining whether that individual is an independent contractor. […]

Thumbs Up/ Thumbs Down, Still FCRA

By Bill Wright Does your business use a contractor to provide in-home services to your customers? If so, you probably want the contractor to conduct background checks on its employees. You want the contractor to screen out people who pose high risk to your customers. But, if you get a summary of the background reports, […]