Government Enjoined from Implementing Fair Pay and Safe Workplaces
Client Alert | 1 min read | 10.25.16
On October 24, a U.S. district court issued a preliminary injunction enjoining implementation of the Fair Pay and Safe Workplaces final rule, which had been scheduled to take effect today, October 25 (discussed here and here). The court held that the executive order, implementing regulations, and DOL guidance violated the First Amendment, contractors’ due process rights, and the Federal Arbitration Act and enjoined the government from (a) implementing any portion of the FAR rule or the DOL Guidance relating to the new reporting and disclosure requirements and (b) enforcing the new restriction on arbitration agreements, while permitting “paycheck transparency” requirements to proceed.
Insights
Client Alert | 3 min read | 02.03.25
COFC Holds That Federal PLA Mandate Is Unlawful; Reinterprets Blue and Gold Waiver Rule
In MVL USA, Inc. et al. v. United States, the United States Court of Federal Claims (“COFC”) held that the provisions of FAR 22.505, 52.222-33 and 52.222-34 (collectively, the “PLA mandate”), which required the use of project labor agreements (“PLAs”) on large-scale federal construction projects valued above or at a certain threshold, violated the Competition in Contracting Act (“CICA”). As we previously reported here, former-President Biden issued Executive Order 14063 in February 2022, instructing federal agencies to require construction contractors and subcontractors on projects valued at $35 million or more to “agree, for that project, to negotiate or become a party to” a PLA. A few months later, the FAR Council promulgated a final rule implementing the executive order in FAR 22.505, 52.222-33 and 52.222-34.
Client Alert | 2 min read | 01.31.25
California Law Revision Commission Votes To Propose Expansive Changes to California’s Antitrust Laws
Client Alert | 4 min read | 01.31.25
Client Alert | 4 min read | 01.31.25
