PilieroMazza Legal Advisor – Second Quarter 2017

Special Labor and Employment Issue In this Issue: What to Expect When You Are Expecting a Price Adjustment: The ABCs and CBAs of Increased Labor Rates Managing the Competing Obligations of the FMLA and ADA A $100 Mistake Can Become a $100,000 Judgment: Where Employers Go Wrong Under the Fair Labor Standards Act Six Steps Away from a Best Practices Employment Screening Program

The Weekly Update April 28, 2017

SMALL BUSINESS ADMINISTRATION Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards The U.S. Small Business Administration (“SBA”) has issued a proposed rule to amend its small business size regulations to incorporate the U.S. Office of Management and Budget’s North American Industry Classification System (“NAICS”) revision for 2017, identified as NAICS 2017, into its table of small business size standards.  NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 existing industries . . . Read More

Untangling Service Contract Act Vacation and Sick Leave Requirements

Untangling Service Contract Act Vacation and Sick Leave RequirementsComplying with Service Contract Act (“SCA”) leave requirements is challenging, even more so if service employees live in a state or county with local sick leave laws or if the contract is subject to Executive Order 13706, Sick Leave for Federal Contractors. Each of these laws and regulations has unique requirements that must be woven together to develop a compliant leave policy. However, once contractors understand the nuances, strategic policy decisions can . . . Read More

The Weekly Update March 24, 2017

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

The Weekly Update March 17, 2017

SMALL BUSINESS ADMINISTRATION “SBA Administrator Honors Nation’s Top Small Businesses.”  Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda McMahon, the head of the U.S. Small Business Administration (“SBA”), announced today this year’s Small Business Person of the Year winners from the 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands. All of the winners have been invited to attend ceremonies in Washington, D.C on April 30 – May 1 where . . . Read More

The Weekly Update March 10, 2017

OTHER NEWS “Senate Narrowly Passes Repeal of Obama Fair Pay, Safe Workplace Rule.”  Government Executive, March 6, 2017.  Retrieved from  http://www.govexec.com . The Senate narrowly approved, by a vote of 49-48, a House-passed Congressional Review Act resolution of disapproval, overturning President Obama’s Fair Pay, Safe Workplaces Executive Order (“EO”) and handing a victory to contractors who had blasted the EO and the Department of Labor’s (“DOL”) rule to implement it as “blacklisting.”  The EO aimed to protect contractor employees from wage theft . . . Read More

The Weekly Update March 3, 2017

GOVERNMENT CONTRACTS Presidential Executive Order on Enforcing the Regulatory Reform Agenda This Executive Order instructs the head of each agency to designate an agency official as its Regulatory Reform Officer (“RRO”) within 60 days. Each agency RRO will oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms including (1) offsetting the number and cost of new regulations; (2) regulatory planning and review; and (3) the termination of programs and activities that . . . Read More

The Weekly Update February 24, 2017

GOVERNMENT CONTRACTS Procedural Rules and Regulations The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate references to telegraphs, carbon copies, and the requirements for hard copy submissions and multiple copies; (2) use more plain language and eliminate legalistic terms such as “therefrom,” “thereupon,” “therein,” “herein,” and “said;” (3) reorganize the rules and add headings so that the subject matter is easier to find; (4) incorporate current practices . . . Read More

The Weekly Update February 10, 2017

SMALL BUSINESS ADMINISTRATION Civil Monetary Penalties Inflation Adjustments The Small Business Administration has issued an interim final rule amending its regulations to adjust for inflation the amount of certain civil monetary penalties that are within the jurisdiction of the agency. These adjustments comply with the requirement in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to make annual adjustments to the penalties. This rule is . . . Read More