United States: Department Of Labor Seeks To Put New FLSA Regulations For Homecare Workers Back On Track

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and travel time pay to thousands of domestic workers in the homecare industry, the DOL argued that a U.S. Supreme Court decision in 2007 effectively endorsed the DOL’s authority to change the FLSA regulations, that the homecare industry lacked standing […]

By | March 2nd, 2015 ||

United States: Final Anti-Trafficking Rule To Impose New – And Uncertain – Obligations On Contractors

In late January, the FAR Council issued its long-awaited final rule amending the FAR to strengthen the U.S. Government’s policy against human trafficking.  As discussed below, the amendments may have far-reaching compliance implications for government contractors.

The rule, applicable to all contracts awarded on, or after, March 2, 2015, expands the scope of prohibited conduct under FAR Subpart 22.17 to include:

Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity or […]

By | March 2nd, 2015 ||

United States: You Again?: Application Of The First-To-File Bar Where Subsequent Actions Are Brought By The Same Relator

The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government.  One of these, the so-called “first-to-file” bar, applies when two “related” whistleblower actions are filed:  “When a person brings an [FCA action], no person other than the Government may intervene or bring a related action based on the facts underlying […]

By | March 2nd, 2015 ||