2014 ILG Annual Conference: Beyond the AAP - PowerPoint Presentation

1. 2014 ILG Annual Conference: Beyond the AAPAugust 6, 2014Connie N. BertramProskauer Rose LLPcbertram@proskauer.comKatharine ParkerProskauer Rose LLPkparker@proskauer.com

2. Topics for DiscussionWhistleblower protections for contractor employeesDrug-free workplace obligationsRestrictions on arbitration agreements and programs New FAR provision concerning Human Trafficking Wage and hour developments Enforcement of restrictive covenantsDefending litigation claims by contractor employees

3. Whistleblower Protections for Contractor Employees

4. Renewed Focus on Whistleblower ClaimsNew amendments and legislationRecent developments may make dismissal and summary judgment less likelyPleading standardsExpansion of definition of protected activityNexus to scope of statuteBelieved to have more “traction” with juriesAwards generally higher than EEO discrimination and state law claimsGenerally provide for reinstatement, “make-whole” remedies, punitive and/or liquidated damages, and attorneys’ fees Alternative claims/remedies and forums available, including bounty claims

5. Three Prongs of FCA Enforcement

6. “Qui Tam” Cases Under the FCAThe False Claims Act (FCA) imposes liability for treble damages plus penalties for knowingly submitting or causing the submission of false claims to the U.S. GovernmentA “qui tam” suit is an FCA suit initiated by a whistleblower or “relator” who sues on behalf of the United StatesWhistleblower files lawsuit under sealDOJ investigates and decides whether to interveneRelator can proceed without DOJ involvementRelator receives a 15% to 30% share of government recovery

7. FCA Also Prohibits Retaliation Against EmployeesPrima Facie case:Protected activityAdverse actionBecause of protected activityBurden shifts to articulate legitimate, non-retaliatory reasonsCan overcome by showing pretext and intent to retaliateBusiness judgment rule a key factor in many rulings Remedies:Reinstatement, double back pay, and special damages including attorneys’ feesCompensatory damages in some courts

8. Developing Issues – Protected ActivityProtected activity prior to FERA (2009) amendments:Section 3730(h) protected “acts … in furtherance of” a qui tam action Plaintiff need not prove actual violations of FCACourts required notice of “distinct possibility” of qui tam litigation (Glynn v. EDO Corp., 710 F.3d 209 (4th Cir. 2013))Protected Activity after amendments: Section 3730(h) now protects “… lawful acts … in furtherance of an action … or other efforts to stop one or more violations” of the FCAMust plaintiff still notify employer of “distinct possibility” of qui tam suit?

9. National Defense Authorization ActDOD Contractor Protections Prior to NDAA Applied to employees of contractors, not subcontractorsRegarding DOD contracts onlyProtected external reporting onlyNarrow definition of appropriate DOD officialNew NDAA Protections (effective July 1, 2013)Apply to employees of both contractors and subcontractorsRegarding contracts with most federal agenciesNow protects:Internal complaints to management official with responsibility to investigate, discover or address misconductProtect participation in government investigationProvide for reinstatement, back pay, compensatory damages and attorneys’ fees

10. National Defense Authorization ActProtects disclosure of reasonable belief of: Gross mismanagement of federal contract/grantGross waste of federal fundsAbuse of authority concerning federal contract/grantSubstantial and specific danger to public health/safetyViolation of law/rule/regulation regarding federal contract/grant (including the competition for same)If disclosed to:Congress, IG of agency, GAO, federal employees with oversight, law enforcementCompany employee with responsibility to investigate/address misconductCausation Standard: Contributing factor, not “but for” or “motivating” factor

11. NDAA Procedure and RemediesProcedureThree-year statute of limitationsEmployee files with OIGOIG investigatesAgency head issues decisionEmployee can file in federal district court if no decision from OIG in 210 daysAgency decision subject to review by federal court of appealsRemedies: Reinstatement, back pay, compensatory damages, attorneys’ fees and costs

12. Industries in the Line of FireDOD and other traditional procurement contractorsGSA schedule salesColleges and universitiesHealth care industryMedicare/Medicaid reimbursementResearch fundingSales to VABanking and financial industryRetailers with sales to military and BX/PXSubcontractors

13. Develop Effective Internal PoliciesUpdate anti-retaliation policies and code of conduct to include additional and expanded claimsAddress additional categories of protected conductDevelop effective protocol for handling hotline calls and complaintsConfirm that confidentiality agreements, non-disparagement provisions and settlement agreements do not restrict or impede reportingConduct frequent and effective management trainingAudit complianceIncentivize internal complaintsEffective and timely reporting mechanismCulture “driven from the top” that supports reportingProvide frequent updates to complainantsDevelop strong anti-retaliation policies and protections

14. Conduct Effective Internal InvestigationsDevelop effective procedures for investigating whistleblower claimsDocument and confirm the employee’s complaintEngage subject matter expertsBreak down the silos between HR, legal and complianceAlways consider and investigate self-help discovery, including a forensic review of computers, devices and accountsBe mindful of mandatory reporting obligationsEnsure that treatment and results are consistent with prior situationsEnsure objectivity in reviewing and managing the performance of whistleblowers who are current employees

15. Consider Mandatory Disclosure Obligations Throughout ProcessTwo separate considerations:Do the allegations of fraud of the whistleblower trigger the duty to discloseDoes the whistleblower’s own conduct or performance trigger the obligations to discloseTiming a key considerationRules contemplate a reasonable investigation prior to disclosureSwift disclosure can enhance client relationship and deflate the impact of the whistleblower’s own filing or claimConsider whether company has obligation to disclose whistleblower’s own misconduct

16. Drug Free Workplace Obligations

17. DFWA CoverageRequires some contractors and all grantees to provide drug-free workplaces as a condition of receipt of contract or grantGenerally applies to contractors if the value of a single contract is $100,000 or more, other than acquisition of commercial goodsDoes not apply to subcontractors or subgranteesOnly applies to performance inside of the United StatesRequirement or indefinite quantity contracts covered if reasonably expected to exceed $100,000Act requirements only apply to employees working on the covered grant or contractOn payrollWorks on any activity under the grant or contract (“direct” or “indirect” charge)Temporary employees covered if meet criteria

18. Developing Issues – Protected ActivityType of Contract/GrantCoverageStudents and recipients of Pell GrantsYesMedicare third-party reimbursements to hospitalsNoHospitals that receive procurement contracts or grantsYesBanks and financial institutions selling US Treasury BondsNoContractors and grantees performing work in federal facilitiesYesEmployees subject to drug testing requirements for security clearancesYes, they co-exist

19. DFWA Requirements VaryRequirements of FAR provisions adopted by agencies and departments varyFor example, most do not require affirmative provision of treatment or rehabilitation servicesCertain NASA contracts require contractors to establish and maintain an appropriate rehabilitation program that requires, at minimum, identification and treatment of employees responsible for safety-sensitive, security or National security functionsBecause Act applies on case-by-case basis, contractors must determine coverage and obligations imposed by each contract or grant (or for which they will be applying)

20. DFWA Requirements – Policy and ProgramPublish and provide a policy to all covered employees that:States that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace and Identifies the actions that will be taken against employee who violate the policyRequires establishment of drug-free awareness program to notify employees of:Dangers of drug abuse in the workplacePolicy of maintaining a drug-free workplaceAny available drug counseling, rehabilitation and employee assistance programsThe penalties that may be imposed on employees for drug abuse violations

21. Notification RequirementEach employee must be informed in writing of the policy and his or her responsibilitiesAlthough contractors are not required to provide a notification each time a contract or grant is received, the program must be ongoingContractors are not required to obtain verification of receiptNotification cannot be provided through collective bargaining representative or other agent

22. DFWA Requirements – Notification and PenaltyAlso must notify employees that, as a condition of their employment on the contract or grant, the employee must:Abide by the terms of the policy statement; andNotify the employer, within five calendar days, if he or she is convicted of a criminal drug violation in the workplaceNotify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplaceImpose a penalty on or requirement satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of reportable workplace drug convictionMake an ongoing, good faith effort to maintain a drug-free workplace

23. What the DFWA Does NOT RequireProgram not required to address alcohol and nonprescription drug abuse in programsDoes not require establishment of an EAP or special training for supervisorsDrug testing is not authorized or required

24. DFWA EnforcementCompliance reviewed as part of the normal Federal contract and grant administration and auditing processFederal agency head determines whether violation occurredIf determines that cause exists, action initiated and conducted in accordance with applicable FAR regulation and agency proceduresContractors and grantees that violate the Act can receive one or more of the following penalties:Payments suspendedContract or grant suspendedBarred from receiving additional contracts or grants for up to five years

25. Restrictions on Arbitration Agreements and Programs

26. General Rules Regarding Mandatory Arbitration AgreementsFederal Arbitration Act – arbitration encouragedStolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 130 S. Ct. 1758 (2010) – an arbitration agreement that is silent regarding arbitrability of class actions implies class claims cannot be arbitratedAT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) – FAA preempts CA court decisions refusing to enforce class action waivers on grounds of unconscionability Iskanian v. CLS Transp. Los Angeles, LLC, Case No. S204032 (6/26/14), upholding class action waivers in employment arbitration agreementsCompuCredit Corp. v. Greenwood, 132 S. Ct. 665 (2012) – FAA requires courts to enforce arbitration agreements according to their terms even where underlying statute states that a plaintiff has the “right to sue”American Express v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013) – Arbitration agreements must be enforced as written; unavailability of class action procedure is not a barrier to enforcement of otherwise valid arbitration agreement; rejects “vindication of statutory rights” theory

27. Class Arbitration and Class Action WaiversSummary from the Supreme Court Class arbitration is not consistent with the underlying premises of the FAAClass action waivers are generally consistent with the underlying premises of the FAAClass action waivers may be invalidated through normally applicable contractual defenses (failure to agree, outside the scope, fraud) and state unconscionability standards so long as the standards are uniformly applicable, neutral in effect and consistent with federal arbitration policyThe same principles apply to federal statutory claimsNone of this matters if an arbitrator has ruled that class actions were agreed upon, so long as there is some evidence of intent to agree

28. Class Arbitration and Class Action WaiversDo these principles apply to Fair Labor Standards Act claims?Yes: Sutherland v. Ernst & Young LLP, 726 F. 3d 290 (2d Cir. 2013) Question was whether Congress decreed that collective actions are required for FLSA claimsPlaintiffs claimed Section 216(b) collective actions are a prescribed statutory procedure and thus evidence a congressional command not to allow class action waiversCircuit concluded that while Congress authorized FLSA collective actions, it did not require them and did not foreclose an individual waiver of them Second Circuit applied American Express (Supreme Court version) and rejected “effective vindication argument: Raniere v. Citigroup reaches the same conclusionOther circuits have agreed: Richards v Ernst & Young, 2013 WL 4437601 (9th Cir. 2013)

29. Class Arbitration and Class Action WaiversDo these principles apply to Title VII disparate treatment claims?Second Circuit holds that they do in Parisi v. Goldman, Sachs & Co. 710 F. 3d 483District Court (affirming Magistrate Judge Francis) had relied on effective vindication theoryJudicial holdings in SDNY find that pattern or practice claims may not be litigated in individual Title VII actionsAssuming an arbitrator would follow these cases, remitting a potential class plaintiff to individual arbitration would prevent her from litigating a pattern or practice claimTherefore an arbitration agreement is not enforceable because its silent clause would bar class arbitration of a substantive right, the right to bring a pattern or practice claim

30. Class Arbitration and Class Action WaiversIs a class action waiver lawful under the National Labor Relations Act?In D.R. Horton, Inc., 357 N.L.R.B. No. 184 (2012), the employer required employees as a condition of employment to sign a Mutual Arbitration Agreement (“MAA”), which contained a class and collective action waiver The Board found that employees have a § 7 right that forbids class action waivers, even where employees were not discharged or disciplined for filing a class action Board held that the class action waiver in and of itself limited employees’ ability to engage in protected concerted activity, which included the filing of class or collective actionsBut Fifth Circuit overruled in December 2013 holding that FAA required arbitration agreements to be enforced according to their termsBut – NLRB not bound by Fifth Circuit and continues to press its view (Leslie’s Poolmart and Sprouts Farmers Markets)

31. Franken AmendmentProvision of 2010 Department of Defense Appropriations Act that prohibits:The use of appropriated funds for any contract in excess of $1 millionIf the contractor requires its employees to arbitrate:All claims under Title VII of the Civil Rights Act of 1964Tort claims related to or arising out of sexual assault or harassment including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision or retention In the guidance published with the interim rule, DoD explained that the Franken Amendment does not affect the use or enforcement of mandatory arbitration agreements for non-covered claims

32. Franken Amendment CoverageTo be covered by the Amendment, a contractor must receive funds from the DoD In final rule, DoD stated that the term “contractor” is to be construed narrowlyOnly refers to the specific entity that has the contractDoes not encompass a parent or subsidiary corporation unless that parent or subsidiary is a party to the contractThe Amendment also does not apply to contracts for the acquisition of commercial items, including commercially available off-the-shelf items.

33. Franken Amendment Subcontractor CoverageA “covered subcontractor” is any entity with subcontract valued in excess of $1 million, other than subcontracts for acquisition of commercial itemsTo receive funds from DoD, covered contractor must certify that it requires each “covered subcontractor” to agree not to enter into or enforce mandatory arbitration agreements requiring arbitration of covered claims by employees or independent contractors performing work relating to that subcontractLimited to those contracts placed by the contractor or higher-tier subcontractors specifically for supplies or services for the performance of the contractDoes not apply to supplies or services a contractor or higher-tier subcontractor might purchase for other purposes

34. Franken Amendment ExceptionsThere are three other exceptions to these restrictions on the use of mandatory arbitration. They do not apply to agreements that cannot be enforced in this country The Secretary of Defense may waive these restrictions on a case-by-case basis if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interest of the United States, and that the term of the contract or subcontract is no longer than necessary to avoid such harm They do not apply to contracts for the acquisition of commercial items, including commercially available off-the-shelf items

35. Enforcement of Franken AmendmentThere is very little case law on the applicability of the Amendment in general or on its ability to preclude arbitration. In addition, the Amendment has not been used successfully to avoid arbitration. In the only federal court decision addressing the Amendment, the court rejected the plaintiff’s argument that it precluded arbitration of his hostile work environment, race discrimination and retaliation claims. See Phifer v. Mich. Sporting Goods Distribs., Inc., 2010 U.S. Dist. LEXIS 93839 (W.D. Mich. July 28, 2010). In a state case, a Texas appeals court ruled that employee’s personal injury claims, arising out of negligent hiring, supervision or retention were not covered by the amendment because they did not arise out of or relate to sexual assault or harassment. See In re ReadyOne Indus., 2012 Tex. App. LEXIS 10652 (Dec. 21, 2012).

36. Breaking News: July 31, 2014 Executive Order Fair Pay and Safe WorkplacesNew anti-arbitration provision applies to supply and service contracts and subcontracts > $1 millionExcludes contracts for COTSProhibits mandatory pre-dispute arbitration agreements with respect to claims arising under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment Applies to employees and independent contractorsDoesn’t apply to arbitration provisions in CBAsDoesn’t apply to preexisting arbitration agreements so long as such agreements aren’t subject to change by the employer or renegotiated

37. Breaking News: July 31, 2014 Executive Order Fair Pay and Safe WorkplacesContractors must include clause in covered subcontractsPermits voluntary post-dispute agreements to arbitrateDOL estimates 24,000 businesses employing about 28 million workers impactedWill be implemented on new contracts in stages, on a prioritized basis in 2016 following issuance of implementing regulations by the Federal Acquisition Regulation (FAR) Council and guidance by the U.S. Department of Labor (DOL)No provision for waiver by agency like for Franken Amendment

38. Breaking News: July 31, 2014 Executive Order Fair Pay and Safe WorkplacesAnti-arbitration rule is contrary to well-established policy favoring arbitrationAlso inconsistent with employee interestsMedian arbitration awards for all types of employment claims rose 60% from 2009-2010, from $208,000 to $241,119. Douglas Ashman, The Impact of Alternative Dispute Resolution in Employment Law, Purdue Univ. Coll. Of Tech. Masters Theses, Paper 56, p. 5 (2011)In a study of 1,213 AAA cases from 2003-2007, the mean time for disposition in arbitration was 284.4 days for cases that settled, and 361.5 days for cases decided after a hearing, which is substantially shorter than the general two to two-and-a-half years that it takes to reach trial in federal and state courts. Alexander Colvin, An Empirical Study of Employment Arbitration Case Outcomes and Processes, Cornell Univ. ILR Sch., p. 12 (2011).

39. Breaking News: July 31, 2014 Executive Order Fair Pay and Safe WorkplacesIn a study of 1,213 AAA cases from 2003-2007, the mean arbitration fees were $6,340 per case, $11,070 for cases disposed of by an award following a hearing, and in 97% of these cases the employer paid 100% of the arbitration fees beyond a small filing fee, pursuant to AAA procedures. Alexander Colvin, An Empirical Study of Employment Arbitration Case Outcomes and Processes, Cornell Univ. ILR Sch., p. 1, 13-14 (2011).In a study of 1,213 AAA cases from 2003-2007, 82.5% of claimants had salaries under $100,000; 13.9% had salaries between $100,001 and $250,000; and 3.7% had salaries over $250,001. Alexander Colvin, An Empirical Study of Employment Arbitration Case Outcomes and Processes, Cornell Univ. ILR Sch., p. 1, 15 (2011).Anecdotal reports from plaintiff attorneys state that potential claim amounts as much as $60,000 may be necessary to justify bringing a case forward in litigation. Alexander Colvin, An Empirical Study of Employment Arbitration Case Outcomes and Processes, Cornell Univ. ILR Sch., p. 15 (2011).A 1995 article reported that 83% of works support arbitration over lawsuits or appealing to a federal agency. Jim Tyson, Workers Spurn Courts, Favor Arbitration, Christian Science Monitor (June 2, 1995) (citing “Worker Representation and Participation Survey: Wave Two”).

40. Compliance with FAR Provision Regarding Human Trafficking

41. FAR Subpart 22.17The proposed rule prohibits federal contractors, contractor employees, subcontractors and subcontractor employees from engaging in any activities related to human trafficking, such as forced labor and prostitution The following specific activities also prohibited:Denying an employee access to his/her identity or immigration documentsUsing misleading or fraudulent recruitment practices or charging recruitment feesProviding or arranging housing that fails to meet the host country’s minimum housing and safety standardsFailing to provide return transportation or requiring payment for the cost of return transportation for certain employees

42. Compliance Plans and Certifications of ComplianceFor contracts where a portion of the contract is performed overseas, a compliance plan and certification of compliance will be required Will be required to certify:Compliance plan has been implementedNeither the contractor, nor any of its agents, subcontractors or their agents are engaged in human trafficking activities andIf abuses have been found, appropriate remedial and referral actions have been takenWill impose strict reporting requirementsWill be required to flowed down requirements to subcontractors

43. Potential Remedies for a Violation of FAR subpart 22.18Potential Remedies:Removal of employees involved in the allegations from the contractSuspension of contract paymentsWithholding of award feesRefusal to exercise contract optionsTermination of contract or subcontract and/orSuspension or debarmentMust report violations to contracting officer and agency IGIn addition, the Government contracting officer must enter any violations in the Federal Awardee Performance and Integrity Information System (FAPIIS)

44. Wage and Hour Developments: Minimum Wage Increase for Contractor Employees

45. Wage and Hour Obligations of Contractors GenerallyRecipients of government contracts, grants or financial aid are subject to additional wage, hour and benefits standards under:The Davis-Bacon Act (DBA), which requires payment of prevailing wages and benefits to employees of contractors engaged in federal government construction projectsThe McNamara-O'Hara Service Contract Act (SCA), which sets wage rates and other labor standards for employees of contractors furnishing services to the federal governmentThe Walsh-Healey Public Contracts Act (PCA), which requires payment of minimum wages and other labor standards by contractors providing materials and supplies to the federal governmentThe Wage and Hour Division of DOL administers and enforces these laws

46. Background of Executive Order 13658Signed Executive Order February 12, 2014Minimum wage $10.10/hour starting on January 1, 2015Will be increased each year based on the CPIApplies to contracts issued for solicitations on or after January 1, 2015Covered contracts must include a clause increasing the minimum wageContractors must incorporate that clause into lower-tier subcontractsProposed Final Rules issued on June 17, 2014FAR provision will be issued

47. Proposed Final Rules – Contracts CoveredWill apply to:Procurement contracts for construction covered by the DBAService contracts exceeding $2,500 covered by the SCAConcessions contracts with the federal government, including contracts excluded from SCA coverage by regulationContracts to provide services to federal employees, their dependents or the general public on federal property or landsExcludes the following from coverage: grants, procurement contracts for construction not subject to DBA, certain contracts with Indian Tribes, and service contracts that are exempt from SCA

48. Proposed Final Rules – Employees CoveredEmployees entitled to at least the specified minimum wage for:All hours spend working on a covered contractAll time spent providing support work necessary for covered contractsEmployees are entitled to coverage under the EO even if they are not covered by the DBA or SCASpecial rules apply to tipped employeesMust receive a minimum hourly wage of $4.90/hour, plus the amount earned in tipsIf the combination does not total at least $10.10/hour, employer must make up the balanceEach year, the wage will increase 95 cents until the tipped minimum wage equals 70 percent of the wage for non-tipped employees

49. Additional Counseling and Litigation Issues

50. Enforcement of Restrictive CovenantsRestrictions on use and disclosure of trade secrets and other confidential information of company and government customers critical in government contracting contextIn addition to traditional NDAs, many contractors use post-employment restrictions, such as non-competes and non-solicitation provisionsContractors efforts to enforce these restrictions have faced some challenges:Does the contractor have a sufficient ownership interest in the protected information/data to support the restrictions?Can employees “prepare to compete” by allowing their resume to be submitted on a blind basis in connection with a competing bid?Does the government’s interests in having experienced workers on their contracts trump the employer’s interests, particularly when SCA contracts are involved?

51. Increasing the Likelihood of EnforcementConsider implications of forum selection and choice of law provisionsNarrowly tailor the restrictions to the interests sought to be protectedTraditional restrictions:Time periodGeographyDefinition of competitor or competitive activityAdditional restrictions to consider:Identifying specific conduct prohibited (i.e., submission of resume)Tie to specific contracts and customer contactsTie restrictions to confidential and proprietary information of the contractor (as opposed to the customer)

52. Litigation Procedures and Defenses that MAY be Available to ContractorsGovernment Contractor Defense – Contractor followed contract specifications and warned governmentDefense Base Act – Exclusive remedy for federal contractor employees who suffer injury oversees while working on contractDerivative Sovereign Immunity – Contractor had discretion to act in area that required balancing of federal public policy considerationsImmunity for Compelled Disclosure – Contractor required to inform government of suspected activity or respond to government inquiryGovernment Actor Defense – If government supervisor made challenged employment action, contractor employee may be required to pursue EEO remedies through MSPB procedures

53. Additional Compliance Obligations Imposed by July 31, 2014 Executive Order

54. General RequirementsApplies a wide range of new requirements on federal contractorsMost provisions apply to contracts over $500,000Will be implemented throughout 2016Department of Labor will issue regulations implementing the Order

55. Mandatory Disclosure of ViolationsMandatory disclosure of labor law violationsAs part of a bid, contractor must disclose “administrative merits determination, arbitral award or decision, or civil judgment” of the following:FLSA, OSHA NLRA, Davis-Bacon Act, Service Contract Act, Section 503 of Rehabilitation Act, VEVRRA, FMLA, Title VII of Civil Rights Act, Executive Orders 11246 (equal employment opportunity) and 13658 (minimum wage) and Migrant and Seasonal Agricultural Worker Protection Act“Equivalent State laws” to the list above

56. Mandatory Disclosure of ViolationsAgencies will use disclosures to determine whether contractor acts with integrity and complies with business ethics to either obtain a federal contract or to continue operating under a federal contractIn addition:Must update disclosures every six monthsMust obtain similar disclosures from subcontractorsAgencies must designate a senior official to subject the worst violators to penalties, including disbarment

57. Pay Disclosure ObligationsContractors must provide workers with specific information on their paycheck, including hours worked, overtime hours worked, total pay, and any additions or deductions made to employees’ payIf a contractor is treating a worker as an independent contractor, the contractor must inform the individual of their status as an independent contractor

58. Proskauer Blog:Government Contractor Compliance & Regulatory UpdateProskauer’s Government Contractor Compliance & Regulatory Update Blog – Track the DevelopmentsGovernment contractors and subcontractors face unique compliance, employment, and contractual issues when managing government contracts. Follow the near-daily developments in the government contract compliance arena, with a particular focus on updates involving the OFCCP and related agencies and departments. For the latest insights, check out our blog – Proskauer’s Government Contractor Compliance & Regulatory Update at:http://www.governmentcontractorcomplianceupdate.com/