Employment Law Commentary

August 28, 2023 - Department of Labor (DOL)
Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment
By: Nicole E. Giles and Andrew R. Turnbull
In Innovative Technologies, Inc. , ASBCA No. 6186, 62185 , the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”)
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November 15, 2022 - Department of Labor (DOL)
Department of Labor (“DOL”) Extends Comment Period Deadline for Proposed New Independent Contactor Test
By: Michael Schulman
Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards Act (“FLSA”), and thus not subject to minimum wage
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August 10, 2022 - Department of Labor (DOL)
DOJ and FTC Enter Separate MOUs with the NLRB to Collaborate on Worker Protections and Competition in U.S. Labor Markets
By: Andrew R. Turnbull, Megan E. Gerking and Rob Manoso
In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National Labor Relations Board (“NLRB”), with the aim of coordinating their policy and enforcement initiatives to
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January 24, 2022 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction of Executive Order 14042, against Executive Order 14042’s vaccine mandate, made clear that the injunction applies only to the vaccine mandate and not to
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January 15, 2022 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate
By: Andrew R. Turnbull and Deanne E. Maynard
The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a “vaccine or test” mandate: it applied to employers with 100+ workers, and
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December 08, 2021 - EEOC, Coronavirus (COVID-19), Department of Labor (DOL)
Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?
By: J. Alex Ward, Andrew R. Turnbull and Krista A. Nunez
On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia
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December 03, 2021 - OFCCP, Department of Labor (DOL)
Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications
By: Andrew R. Turnbull
On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually whether they have developed and maintained an affirmative action program (AAP) for each
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November 15, 2021 - EEOC, Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Untangling the Vaccine Mandate – Updates and Answers to Frequently Asked Questions
By: J. Alex Ward, Andrew R. Turnbull, James A. Tucker and Krista A. Nunez
Since our October 14, 2021 webinar, much has developed in the rapidly evolving compliance world of Executive Order 14042 , Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO” or “EO 14042”). In case you missed it, we issued two prior alerts on some
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November 08, 2021 - EEOC, Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains
By: Andrew R. Turnbull, Krista A. Nunez, Jinny S. Hwang and Monica A. Rodriguez
Less than three days after the Occupational Health and Safety Administration (“OSHA”) released its November 4, 2021 emergency temporary standards on COVID-19 vaccines and testing (the “ETS”), on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the ETS,
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November 05, 2021 - EEOC, Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Unpacking the New OSHA ETS for COVID-19 Vaccines and Testing
By: Andrew R. Turnbull, Jinny S. Hwang and Monica A. Rodriguez
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standards for COVID-19 (the “ETS”) along with a landing page on its website with various compliance materials, FAQs , and a pre-recorded webinar. As expected, the ETS
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Topic Archives: Department of Labor (DOL)

Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment

By: Nicole E. Giles and Andrew R. Turnbull

Department of Labor (“DOL”) Extends Comment Period Deadline for Proposed New Independent Contactor Test

By: Michael Schulman

DOJ and FTC Enter Separate MOUs with the NLRB to Collaborate on Worker Protections and Competition in U.S. Labor Markets

By: Andrew R. Turnbull, Megan E. Gerking and Rob Manoso

Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only

By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez

Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate

By: Andrew R. Turnbull and Deanne E. Maynard

Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?

By: J. Alex Ward, Andrew R. Turnbull and Krista A. Nunez

Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications

By: Andrew R. Turnbull

Untangling the Vaccine Mandate – Updates and Answers to Frequently Asked Questions

By: J. Alex Ward, Andrew R. Turnbull, James A. Tucker and Krista A. Nunez

Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains

By: Andrew R. Turnbull, Krista A. Nunez, Jinny S. Hwang and Monica A. Rodriguez

Unpacking the New OSHA ETS for COVID-19 Vaccines and Testing

By: Andrew R. Turnbull, Jinny S. Hwang and Monica A. Rodriguez