By Kelline R. Linton, Associate. Last Thursday, the National Labor Relations Board (“NLRB”) overturned decades of precedent by establishing a new standard to determine whether two companies are a single “joint employer” for a group of workers. (Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NRLB […]
government contract
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By Linda H. Evans, Senior Associate. Keeping an eye on the NLRB As August winds down, some NLRB watchers are expecting to see a flurry of activity from the Board. Possible announcements could include one dealing with an expanded view of what constitutes joint employers and another one […]
By Kelline R. Linton, Associate. On Friday, the Texas Supreme Court held that an independent contractor is not entitled to sovereign immunity when exercising independent discretion in performing government functions. In Brown & Gay Engineering, Inc., No. 13-0605, a drunk driver entered the Westpark Tollway the wrong way […]
By Linda H. Evans, Senior Associate. Two discrimination issues were in the news this week. The first issue deals with pregnancy discrimination in the workplace. On December 3, 2014, the U.S. Supreme Court heard arguments in the UPS case and will determine whether the company had the responsibility to […]
By Kelline R. Linton, Associate. In recent months, the National Labor Relations Board (NLRB) has expressed an interest in redefining the standards for determining joint employer liability. The Board is attempting to change the standards to hold more employers jointly liable (or responsible) for another employer’s employees. The […]
By Kelline R. Linton, Associate. On Monday, a Tennessee federal judge ruled that government attorneys can extrapolate from a small sample of billing statements to prove liability under the False Claims Act (“FCA”) in a closely watched whistleblower case—Life Care Centers of America Inc. In Life Care Centers, […]
By Kelline R. Linton, Associate. In a recent decision, the U.S. Court of Appeals for the D.C. Circuit upheld the attorney-client privilege for companies conducting internal investigations. (Kellogg Brown & Root, Inc., No. 1:05-cv-1276 (D.C. Cir. June 27, 2014)). In Kellogg Brown, the company had asserted the attorney-client […]
By Kelline R. Linton, Junior Associate. On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Notice of Proposed Rulemaking that would require federal contractors and subcontractors with 100 or more employees to submit an annual Equal Pay Report to the OFCCP. The OFCCP officially […]
By Kelline R. Linton, Junior Associate. On July 31, 2014, the President signed the Fair Pay and Safe Workplace Executive Order, which will require federal contractors to report violations of 14 federal laws and as yet unspecified state laws when bidding on service and supply contracts. This Order is […]
By Kelline R. Linton, Junior Associate. On July 10, 2014, at the direction of the President, the Office of Management and Budget issued a memorandum that directed all government agencies to continue QuickPay for federal small business subcontractors through December 31, 2016. QuickPay is an accelerated payments initiative, […]