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NLRB Reverses from its Employer-Friendly Independent Contractor Test

by Samy W. Abdallah | June 29, 2023 | Employment & Labor Law

The National Labor Relations Board (“NLRB”), in its June 13, 2023, The Atlanta Opera, Inc., decision, modified the standard for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “Act”). The ruling sees the NLRB return to its employee-friendly…

Dude, Where’s My Job? D.C. Offers Blazing Job Protections for Recreational Marijuana Users

by Samy W. Abdallah | June 20, 2023 | Employment & Labor Law

D.C. legislation is taking effect on July 13, 2023, giving sweeping protections to employees who use cannabis recreationally. D.C. Act 24-483, titled the “Cannabis Employment Protections Act of 2022” (the “Law”) will provide most employees in the District with protections based on their off-hours use of cannabis. While…

New FAR Provision Prohibits TikTok on Contractor Devices

On Behalf of Berenzweig Leonard, LLP | June 8, 2023 | Government Contracts

On June 2, 2023, the FAR Council issued an Interim Final Rule implementing a new FAR provision, FAR 52.204-27, Prohibition on a ByteDance Covered Application (June 2023), that imposes on government contractors a broad prohibition on the use or even the presence of the TikTok app or other software…

The Crucial Role Inventors Play in IP Patents

by Clyde E. Findley | June 1, 2023 | Intellectual Property

Joint inventorship can be a thorny issue and getting it wrong can result in a patent being invalidated. Contrary to what you might expect, it is not that hard to get inventorship wrong. The inventorship mistake often happens for the simple reason that a patent attorney must rely on…

Federal Contractors Need to Prepare for Possible Debt Ceiling Crisis

by Stephanie Wilson | May 22, 2023 | Government Contracts

The United States reached its debt limit in January 2023, and since then has been using “extraordinary measures” to avoid defaulting on its financial obligations, including Social Security, Medicare, salaries for military and federal civilian employees, and payments to government contractors. Treasury Secretary Janet Yellen has stated that the…

When Inclusivity Excludes: Diversity, Equity, and Inclusion Programs and Title VII

by Kristin A. Zech | April 25, 2023 | Employment & Labor Law

Originally published in IRMI’s Winter 2023 issue of Employment Practices Liability Consultant (EPLiC) By Kristin A. Zech Social movements in the United States over the past several years have given rise to a renewed focus on the workplace environment. As a…

Government Contractors Can Litigate Unfavorable Past Performance Evaluations

On Behalf of Berenzweig Leonard, LLP | April 6, 2023 | Government Contracts

The government’s evaluation of a contractor’s performance on a contract is a critical component for contractors trying to win new contracts. Typically, the agency puts its evaluation in a report, commonly referred to as a CPARS (the Contractor Performance Assessment Reporting System), according to FAR Subpart 42.15. On occasion,…

How M&A Can Help Grow Your Small Business

On Behalf of Berenzweig Leonard, LLP | March 23, 2023 | M&A and Corporate

Mergers and acquisitions (M&A) are often associated with large corporations and billion-dollar deals, but they can also be a valuable tool for small businesses looking to grow and expand. M&A can provide small businesses with access to new markets, customers, and technology, as well as the resources and expertise…

Most Virginia Employers Will Have to Offer Retirement Benefits by This Summer

by Samy W. Abdallah | February 23, 2023 | Employment & Labor Law

Virginia has joined in on the growing trend of implementing a state-mandated retirement program with the new RetirePath Virginia program that goes into effect on July 1, 2023. Created by Virginia state law in an effort to bridge the retirement savings gap, covered employers…

Spell It Out: Do Not Rely on Government Legwork to Prove Relevant Experience

On Behalf of Berenzweig Leonard, LLP | February 2, 2023 | Government Contracts

Two recent decisions from the Government Accountability Office (GAO) show how offerors cannot expect the government to fill in information missing from their proposal. Specifically, offerors cannot expect the government to consider their work as an incumbent on the current contract, nor can they expect the government to call…

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