In a pair of recent cases, the U.S. Court of Appeals for the 4th Circuit (which hears appeals from the federal courts of Maryland, Virginia, West Virginia, North Carolina and South Carolina) has set forth what will hereafter be the applicable test in those jurisdictions when determining whether two or more entities constitute “joint employers” for purposes of the Fair Labor Standards Act (“FLSA” or “the Act”). The FLSA, 29 U.S.C. §§ 201, et seq., requires employers covered by the Act . . . Read More
By Michelle Litteken Government contractors quickly learn to expect the unexpected. While working on a construction contract, a contractor may encounter undisclosed utility lines 15 feet underground. Or, an information technology support contractor may be asked to comply with heightened security requirements without being given a contract modification. These changes increase the cost of performance and can put a small business in a precarious position. In situations like this, many contractors file a request for equitable adjustment (“REA”), seeking additional . . . Read More
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit ruled that a part-time math instructor at Ivy Tech Community College in Indiana could sue her former employer under Title VII of the Civil Rights Act of 1964 for failing to promote, then terminating, her because she is a lesbian. Title VII protects an individual from discrimination in employment based on that individual’s “race, color, sex, or national origin,” but it does not specifically delineate that . . . Read More
Last week, the Department of Veterans Affairs (“VA”) final rule extending the eligibility period for participation in the VA VetBiz Vendor Information Pages (“VIP”) Program took effect. The final rule extends the verification eligibility period from two to three years. For those service-disabled-veteran-owned small businesses and veteran-owned small businesses (“VOSBs”) wondering what they need to do to take advantage of an additional 12 months of eligibility, the answer is nothing. All VOSBs listed in the VIP database as of March . . . Read More
Presented by John Shoraka, Managing Director of PilieroMazza Advisory Services, Mike de Gennaro with PilieroMazza PLLC, and Patrick Kelley and Eric Rabinovich of Live Oak Bank.
By Marc Langston A surviving spouse, who is not a Service-Disabled Veteran, must satisfy specific criteria in order to continue running a company as though it remained a Service-Disabled Veteran-Owned Small Business (“SDVOSB”). This right is not automatic, and failure to meet the eligibility criteria will prevent a surviving spouse from being able to run the decedent’s company as a SDVOSB. It is important to consider that there are two separate SDVOSB set-aside programs. The older program, the Service-Disabled Veteran-Owned . . . Read More
SMALL BUSINESS ADMINISTRATION Small Business Investment Companies: Passive Business Expansion and Technical Clarifications The delayed effective date for SBA’s final rule on Passive Business Expansion and Technical Clarifications occurred on March 21, 2017, when SBA re-opened the rule for additional public comments. SBA requires additional time to consider this final rule and determine whether any further changes are required. This final rule will go into effect on May 20, 2017. 82 Fed. Reg. 14428 GOVERNMENT CONTRACTS Homeland Security Acquisition Regulation (“HSAR”) – Extension of . . . Read More
On March 8, 2017, GAO issued a report on government contracting trends from fiscal year (“FY”) 2011 through FY 2015. FY 2015 was the latest year for which there was complete data available at the time of GAO’s review. Using data from the Federal Procurement Data System-Next Generation, GAO tabulated statistics which will be of interest to government contractors. Discussed below are some of GAO’s findings. First, in FY 2015, federal agencies procured $438 billion in products and services. This . . . Read More
Imagine how you might react if an employee who agreed to keep your information confidential made it public, submitted it to a court as evidence in a public forum, or disclosed it to a jury. Furious may not even begin to describe it. Perhaps you would even seek legal recourse against that employee. But then you peel back a layer and find that the employee is claiming whistleblower status and arguing they should be protected from any such legal violations . . . Read More
