Compliance

Attention federal contractors with operations in Virginia! There has been a sea change in Virginia employment law that greatly increases your exposure to lawsuits in Virginia state courts. Read on… Virginia has long been extremely protective of the at-will employment doctrine and (apart from narrow public policy exceptions) barred direct lawsuits by employees alleging...

The Small Business Administration (“SBA”) and the Department of the Treasury (“DOT”) have been collaborating on guidance for compliance with the Paycheck Protection Program (“PPP”).  But the “guidance” has been much more than guidance—it has taken on the aura of a rulemaking, promulgating interpretations of the underlying statute and establishing standards of enforcement. Further,...

IMPORTANT UPDATE TO THIS BLOG POST: On May 5, 2020 the SBA extended the safe harbor deadline by which recipients of PPP loans may payback the loan in its entirety and avoid the economic necessity certification to May 14. As we previously addressed on April 28, the SBA and the Department of the Treasury...

On April 6, 2020, the Supreme Court decided Babb v. Wilkie, interpreting the Age Discrimination in Employment Act (ADEA) as it relates to federal government employees. The Court noted the curious language in the Act relating to federal employees differed from the typical language in anti-discrimination statutes. This language stated that “personnel actions affecting...

On April 2, 2020, the Small Business Administration (SBA) published an interim final rule, “Business Loan Program Temporary Changes; Paycheck Protection Program,” which provides guidance and interpretation on the implementation of the “Paycheck Protection Program” (PPP) created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). On April 3, the SBA published...

On March 12, the US Department of Defense indicated in a court filing that it wished to re-evaluate its decision to award a multibillion-dollar cloud contract to Microsoft. That decision, a response to numerous “technical challenges presented by AWS,” signals a possible impending victory for Amazon in its bid protest. In February, a federal...