HDR farblog

Final rule issued about pay transparency for government contractors

On September 11, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule that prevents government contractors from having pay secrecy or confidentiality policies. Specifically, the rule prohibits discharging or otherwise discriminating against an employee or applicant because the employee or applicant inquired about, discussed, or disclosed the compensation of the employee or any other employee. But the rule allows contractors to require human resources personnel (who have access to employee compensation information as part of their job responsibilities) to keep such compensation information confidential.

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DoD issues interim rule about computer security that affects government contractors

On August 26, 2015, the U.S. Department of Defense (DoD) issued an interim rule that affects almost all government contractors. The interim rule requires government contractors to report “cyber incidents” that result in real or actual adverse effects on contractor information systems. The rule went into effect immediately.

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President considering executive order to require government contractors to provide paid sick leave

Update: On Labor Day (September 7, 2015), President Barack Obama signed an executive order requiring all government contractors to provide paid sick leave.

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Firm receives favorable ruling in security-clearance case.

Earlier this year, Lanier Ford’s Federal Government Contracting team earned a favorable decision in a security-clearance revocation before the Defense Office of Hearings and Appeals (DOHA) within the U.S. Department of Defense (DoD). The matter came before the DoD after the agency became concerned about the security clearance level held by an employee of a private-sector contractor. The DOD issued a statement of reasons to the employee (the applicant) in which the DoD sought to revoke applicant’s security clearance because of financial difficulties the applicant faced. After a hearing on the matter, the DOHA determined that the applicant was not a security risk and was therefore eligible for security clearance. See In the Matter of: *** Applicant for Security Clearance, ISCR Case No. 12-11841, 2015 WL 1881742, at *1 (DOHA Apr. 20, 2015).

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Government contractors, beware misclassification of workers

Since 2009, the U.S. Department of Labor (DOL) has been cracking down on misclassification of workers. The DOL has just issued another document that confirms its determination to enforce those provisions of the Fair Labor Standards Act and the Internal Revenue Code that require employers to do the following for employees (but theoretically not for independent contractors):

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