BLOG: Employers: Is Your FMLA Policy DOL Compliant?
The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice . . . Read More
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 3 – The Ugly
Concluding our blog series on open-source software in the government market, it is time to turn to the darker side of things. We already discussed the “good” of open-source software for government buyers, and we walked through the “bad,” explaining how some elements may conflict with federal laws or priorities . Now we will look at the “ugly” side of open-source software and how contractors can mitigate associated risks. The Ugly So what is the “ugly” side of open-source code? In a word: malware. Given that neither the government nor the contractor control the . . . Read More
BLOG: 4 Issues That Defined the False Claims Act in 2019
As I wrote two weeks ago, the Department of Justice (DOJ) recently released its annual fiscal year statistics on False Claims Act (FCA) and fraud matters. The report shows Fiscal Year 2019 was another big year for the FCA, as the number of new matters initiated and the amount of monetary recoveries obtained both increased over the previous year. 2019 also brought important FCA decisions from federal courts, including the Supreme Court; potential new avenues for FCA liability; and formal announcements from DOJ. These . . . Read More
BLOG: New York v. Delaware Part 2: Which State is Best for Governing Law?
In Part 2 of this blog series (visit this link for Part 1), we dive into which state—New York or Delaware—is best for businesses to consider as governing law for their contracts. Both Delaware and New York have a reputation for being the governing law or jurisdiction of choice in commercial agreements and corporate transactions. A company’s decision will greatly impact which rules and laws govern agreements when legal issues arise. Where Should I Go for Governing Law? Both Delaware and New . . . Read More
BLOG: New York v. Delaware Part 1: Which State Is Best to Incorporate My Business?
Business owners often have two questions when launching their business and growing it through commercial relationships and/or corporate transactions. These questions are “where should I incorporate?”, and once the business is incorporated and operating, “what should the applicable law be of our agreements?” Two states come to mind when dealing with these questions. Both Delaware and New York have developed a reputation for purposes of incorporating businesses and being the governing law/jurisdiction of choice in commercial agreements and corporate transactions. . . . Read More
BLOG: Open-Source Software in Federal Procurements: The Good, the Bad, and the Ugly, Part 2 – The Bad
In the first post of this series, we discussed “the good” of open-source software and why federal buyers should find it attractive. However, when it comes to the federal government accepting open-source code with open arms, the reality is certainly more mixed. Faced with changing and technical regulations, government contractors need to know the major drawbacks of using open-source code in government contracts. In this second entry to our open-source series, we explore “the bad” impacts of open-source use in government contracting. . . . Read More
BLOG: Top Priorities from SBA Administrator Jovita Carranza
On January 7, 2020, the Senate confirmed U.S. Treasurer Jovita Carranza as the 26th Administrator of the Small Business Administration (SBA). During her testimony before the Senate Committee on Small Business and Entrepreneurship, Carranza listed a number of priorities she will bring to her role at SBA. Below are notable priorities that may impact small businesses and/or government contractors. Provide Better Resources to Small Businesses in Disadvantaged Communities Carranza mentioned that connecting small businesses from disadvantaged communities with SBA support . . . Read More
BLOG: New DoL Rule Clarifies Joint Employer Status Under FLSA
On January 16, 2020, the Department of Labor’s (DoL) Wage and Hour Division will publish a final rule clarifying joint employer status under the Fair Labor Standards Act (FLSA), adopting a four-factor test to determine joint employer status. The rule simplifies and narrows the interpretation of a joint employer from the interpretation implemented by the Obama administration. This final rule will benefit companies establishing cooperative business arrangements as they seek assurances as to whether they will be responsible for ensuring . . . Read More
BLOG: The FCA Continues to Pay (For the Government): Key Takeaways from DOJ’s FY 2019 Fraud Statistics
On January 9, 2020, the Department of Justice (DOJ) announced that it recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2019, which ended September 30, 2019. Along with the announcement, the government issued its annual fraud statistics report for the fiscal year. The government’s announcement and report confirmed trends in FCA litigation and other fraud cases that government contractors should look out for in 2020 . . . Read More
BLOG: DoD’s Upcoming Cybersecurity Maturity Model Certification (CMMC): Still on Target?
PilieroMazza has been blogging a lot over the past year about the Department of Defense’s (DoD) highly anticipated CMMC. And there has been a lot to say, from the early stages of CMMC as a new “overarching standard,” to its first public draft release, through its first major streamlining, and finally to its latest public draft release in early December 2019. The pace of developments is expected to increase in 2020 as DoD releases a compliance checklist, finalizes the certification standards, and . . . Read More