LABOR AND EMPLOYMENT Department of Labor Seeks to Loosen Reins on Restaurant Industry By Rescinding Regulation of Certain Tip Pooling Practices In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It . . . Read More
This year has been the year of change in employee pay and benefits, particularly if you are an employer practicing in more than one locality. Due to the federal government’s failure to pass wage and benefit legislation, a wave of action has spread across the country at the state and local level. Additionally, the Tax Cuts and Jobs Act (H.R. 1) that is expected to be signed by President Trump in the coming days contains additional changes to benefits that . . . Read More
In a flurry of decisions issued last week, the National Labor Relations Board (the “Board” or “NLRB”) overruled several Obama-era precedents, including decisions on handbook policies and joint employer standards. While headlines might give the impression that changes in the Board’s view are ground breaking, the decisions represent expected policy shifts given the change in the administration. The rush to issue these decisions comes at the end of Republican Chairman Phil Miscimarra’s term, leaving the Board’s composition between Republicans and . . . Read More
The 2018 National Defense Authorization Act (“NDAA”), signed last week, made some significant changes to the Small Business Administration’s (“SBA”) Historically Underutilized Business Zone (“HUBZone”) Program. Most of the changes will not take effect until January 1, 2020, but one important change is effective immediately: the current HUBZone maps will be “frozen” and will not change until at least January 1, 2020. This means that areas that currently are designated as HUBZone (or in redesignated status) will remain HUBZones until . . . Read More
Earlier this year, in “Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices”, I wrote about the Department of Labor’s (“DOL”) 2011 Regulation related to restaurant tip distribution practices and its journey to the U.S. Supreme Court. The regulation in question announced broadly that “[t]ips are the property of the employee” and “prohibited [employers] from using an employee’s tips . . . for any reason other than . . . [a]s a credit against its minimum wage obligations to . . . Read More
SMALL BUSINESS GSA Names 80 Small Businesses to Lead Alliant 2 SB Competition On December 7, 2017, the GSA released a pre-award list of 80 companies in the running for the five-year, $15 billion Alliant 2 Small Business information technology and professional services contract. The businesses have not yet been granted award but the listing allows competitors to challenge the small-business status of those listed. For a complete list, please see the Federal Contracts Report, Vol 108, No 21, 545. . . . Read More
SBA has all but eliminated populated joint ventures (i.e., a joint venture with employees of its own performing direct labor). As a result, companies that want to form a joint venture for set-aside opportunities and not be affiliated with each other need to form an unpopulated joint venture. While SBA’s preference for unpopulated joint ventures is meant to benefit small business venturers and provide them with more hands-on experience, it creates wrinkles for the venturers. 1. Scope of Work When . . . Read More
Presented by Jon Williams and Kimi Murakami Click here to view the recorded session. Session Description: This session discussed the implementation of NIST SP 800-171 when contractors are subject to DFARS 252.204-7012. Topics included if you need to comply and, if so, what you need to do to implement new security requirements. It also helps to determine if you are already prepared based on the policies and procedures in place. A strong security program can give you a competitive advantage and avoid many adverse consequences . . . Read More
If your joint venture (“JV”) was awarded an 8(a), SDVOSB, HUBZone, or WOSB set-aside contract in the months following SBA’s July 2016 final rulemaking, you should be getting ready to submit your annual performance of work report (“Annual Report”). The final rule, which became effective at the end of August 2016, amended SBA’s regulations to clarify the conditions for creating and operating JVs. One such condition is to submit the Annual Report to the contracting officer and to SBA, explaining . . . Read More
After the ball drops in Times Square this New Year’s Eve, many DoD contractors will wake up with a headache. And we don’t mean from too much champagne. We are talking about extensive DoD cybersecurity requirements these contractors must implement by December 31, 2017. Take this blog and call your PilieroMazza lawyer in the morning. The 12/31/17 deadline has been known since last year and many contractors are surely ahead of the curve. But if you find yourself doing . . . Read More
