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State of Maryland Increases the Risk of Liability for Unlawful Harassment.
Effective October 1, 2019, all employers in Maryland will be subject to a significantlyincreased risk of liability for unlawful harassment under the Maryland Fair EmploymentPractices Act (“FEPA”). FEPA is the state law that prohibits discrimination and harassment in employment. Itapplies to Maryland employers with fifteen or more employees. The courts generally interpret itin a manner more…
“Impaired Objectivity” OCIs – Be On the Lookout
As most federal contractors are aware, there are three basic types of Organizational Conflicts of Interest (“OCIs”): “biased ground rules,” “impaired objectivity” and “unequal access to information” OCIs. As federal contractors become more and more entrenched in particular agencies and programs, the potential for problematic OCIs increases. This is particularly true with “impaired objectivity” OCIs, more…
Is Your Non-Competition Restriction Enforceable?
While it may be true, as is often suggested, that many non-competition agreements in the employment setting are unenforceable, that need not be the case. As case law in this area has continued to evolve, it has become more apparent that the enforceability of such restrictions will in many cases boil down to narrowly and more…
Protection of Whistleblowers is Expanded by Congress
The National Defense Authorization Act for Fiscal Year 2008 that was signed into law on January 28, 2008 broadens the laws concerning retaliation against whistleblowers who are employees of defense contractors. The current statute governing defense contractor whistleblowers has been in effect since 1986. This statute, 10 U.S.C. § 2409(a), states that an employee “may more…
Document Retention Issues Facing Government Contractors
All companies face the daunting task of creating and enforcing a records retention policy. This article will present a short summary the records retention issues facing government contractors. The document retention rules affecting government contractors begin with the FAR. FAR § 4.7 provides that “contractors shall make available records, which includes books, documents, accounting procedures more…
Purchasing Selected Assets of Another Firm May Result in “Affiliation”
If you are a small business considering the acquisition of another company, one of the first things that should come to mind is your continued eligibility as a “small” business after the acquisition. It is clear under SBA regulations that the acquisition of all of the assets of another business results in affiliation between the more…
Disappointed Bidders Must Act Quickly to File Size Protests
To say the least, the bid protest timeliness rules can be confusing. To some, these rules appear to be ever-changing, subject to various exceptions, and further complicated where suspension of performance of the new award is desired. Certainly, it is prudent for disappointed bidders to seek legal advice on these issues. Although many businesses wisely more…
Negotiating Intellectual Property Clauses in Teaming Agreements
For many federal contractors, success in the marketplace depends to a considerable extent on their ability to develop and maintain proprietary software, processes and technologies that distinguish them from other companies. Although developing and producing such technologies under federal contracts often requires relinquishment of certain technical data rights to the United States government, proprietary rights more…
GSA Teaming Partners Can Have Privity of Contract with a Procuring Agency
In a traditional prime-subcontractor relationship, only the prime contractor has a contractual relationship with the Government procuring agency. This “privity of contract” imposes significant contractual obligations on the prime contractor, but also important contractual rights, such as the right to bring a claim against the Government under the Contracts Disputes Act. By contrast, a subcontractor more…
Is Your Independent Contractor Really an Employee?
There are many benefits to retaining an individual’s services as an independent contractor (also known as a “1099 contractor”) rather than as an employee. As examples, these benefits include avoiding the obligation to provide health and other benefits generally offered to employees, avoiding the payment of overtime, avoiding the applicability of certain labor laws, etc. more…
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