Year: 2019

U.S. Department of Labor Increases FLSA Salary Threshold

09/27/2019Vandeventer Black

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level up from its current level of $455 per week to $684 per week ($35,568 per year for a full-year… Read more »

House Moves to Ban Employment Arbitration Agreements

09/27/2019Vandeventer Black

On September 20, 2019, the U.S. House of Representatives passed a bill to ban mandatory arbitration of employment or consumer claims. The House voted 225 to 186 in favor of the Forced Arbitration Injustice Repeal (FAIR) Act, which would make unenforceable any pre-dispute arbitration agreement that requires arbitration of an employment, consumer, antitrust, or civil… Read more »

DoD publishes final rule limiting the use of LPTA procurements effective October 1, 2019

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09/27/2019Vandeventer Black

Contractors have frequently been heard to complain about the government’s persistent use of “Lowest Price Technically Acceptable Procurements,” or “LPTA” as a race to the bottom in both price and quality.  While the Federal Acquisition Regulation (FAR) has provided that price may play a dominant role in source selection where “the requirement is clearly definable… Read more »

Government Adds Australia as a World Trade Organization Country

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09/27/2019Vandeventer Black

If your contract includes Buy American Act (BAA) or Trade Agreement Act (TAA) requirements you need to know the approved list of source countries. On September 10, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule, FAC 2019-06; FAR… Read more »

Cannabis Confusion: The Proliferation Of Cbd Products Can Be Misleading.

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09/17/2019Bibeau Anne G.

A stroll through the corner drug store or mall would lead many to believe that cannabidiol (CBD) products are perfectly legal and a miraculous panacea. But just because it’s sold everywhere does not mean it’s legal to do so. There are a number of legal concerns that businesses should investigate before producing, marketing, or selling… Read more »

HIRING EMPLOYEES UNDER THE AGE OF 18

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08/27/2019Ratliff, Vania

A REFRESHER ON FEDERAL AND STATE CHILD LABOR LAWS Recently, an accident in the trenches of a Northern Virginia construction site resulted in the injuring of one employee and the death of another. News reports allege that the deceased employee was only 16 years old. Under both Federal and Virginia child labor laws, the 16-year… Read more »

Supporting Your Position: Progress and Issue Documentation is Time Well Spent

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08/14/2019Lowenstein, Neil S.

Throughout the progression of construction, various things occur that may impact the time or cost of the work. Often, you are aware of those things when they occur; but other times not until later. If you have, and – just as importantly – your field team follows, a consistent policy for documenting progress, you put… Read more »

SBA Raises Size Limit For Firms To Qualify As Small Businesses

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07/25/2019Vandeventer Black

The U.S. Small Business Administration (SBA) is raising the size limit for engineering, construction, and other companies to be classified as “small.” The interim final will increase thresholds by about 8% from the current levels. The new standards will take effect on August 19, 2019. For construction firms in the various buildings construction and heavy… Read more »

Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details”

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07/20/2019Nicholos, George M.

Whether this well-known proverb is attributed to French Novelist Gustave Flaubert or Modernist Architect Mies van der Rohe, the meaning is likely the same; costly mistakes usually originate in the details of a project. Faced with shrinking design budgets, one of the first corners cut is usually the level of detail in construction documents. Key… Read more »

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

07/19/2019Vandeventer Black

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »