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On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations. We previously provided a high-level overview of some of the most significant changes implemented by the new rule. This article provides further analysis of some of the more…

UPDATE: DHS recently extended its temporary policy permitting flexibility in certain I-9 requirements to December 31, 2020.  The policy, issued earlier this year in response to the COVID-19 pandemic, affords employers some flexibility in completing Form I-9 to account for a remote workforce and the difficulty some employees may currently…

Blameless Contractor Loses Contract After Agency Botches Conflict Inquiry A friendly foosball game between long-time friends — employees from a contractor and federal agency — led to a contractor losing a contract even though the contractor broke no laws. The Government Accountability Office recently sustained a protest because the awarding…

On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations. We previously provided a high-level overview of some of the most significant changes implemented by the new rule. This article provides further analysis of the changes…

In 2010, the Affordable Care Act (“ACA”) changed the workplace landscape for certain lactating women by mandating that employers provide “reasonable break time for an employee to express breast milk” as well as “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers…

Acknowledging the deterioration of conditions in the community, on November 16, 2020, the Chief Judge of the Eastern District of Virginia issued General Order 2020-22, in which the court decided to “take an incremental step back” by halting all criminal jury trials for a period of two months. In…

Without a doubt, COVID-19 has presented a challenge for employers trying to maintain business operations while protecting their workforce from an invisible and evolving enemy.  A recent decision from the U.S. District Court for the Eastern District of New York has clarified an employer’s legal obligations in this pandemic.  In…

Many of you will find it refreshing—as I do—to focus on a development in the EDVA Rocket Docket that is not directly related to the ongoing COVID-19 pandemic. The District Court has proposed changed in Local Civil Rule 83.3 and Local Criminal Rule 53 (which are identical) to update the…

A recent decision from California serves as a reminder to companies that proper classification of employees and independent contractors is critical.  In The People v. Uber Technologies, Inc., et al., the California Court of Appeal, First District, upheld a preliminary injunction entered by the San Francisco Superior Court prohibiting Uber…