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Articles by Jeff Bozman
National Security Tariff Investigation Targets Steel-Based Components of Electrical Transformers
The Commerce Department on May 4, 2020, announced a new investigation under Section 232 of the Trade Expansion Act of 1962, examining whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security.” This investigation should be of...
Other Transaction Authorities Given Greater Flexibility to Foster Innovation in Coronavirus Response
Defense Department leaders and agencies have been granted much-needed flexibility to respond to the coronavirus pandemic. Last week, Under Secretary of Defense for Acquisition & Sustainment Ellen Lord delegated approval authority for Other Transaction Agreements (“OTs”) related to the coronavirus response, consistent with Section 13006 of the CARES Act.
CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19
Contractors sidelined by facility closures and stay-at-home orders in the wake of the COVID-19 pandemic may now have a new pathway to recovering idle labor costs. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act includes a provision, Section 3610, that provides a new form of relief for contractors facing delays and additional costs as a result of employees being unable to work due to quarantine restrictions.
New Paid Sick Leave Requirements Impact Government Contractors
Recent legislation significantly expanded many workers’ entitlement to paid sick leave and paid family leave. These new benefits take effect on April 1st. Our employment and benefits experts have described those requirements in a series of posts, including overviews here and here, and New York-specific considerations here. Federal government contractors should pay particular attention to these new benefits and the way they interact with other paid sick leave requirements.
New Paid Sick Leave Requirements Impact Government Contractors
Recent legislation significantly expanded many workers’ entitlement to paid sick leave and paid family leave. These new benefits take effect on April 1st. Our employment and benefits experts have described those requirements in a series of posts, including overviews here and here, and New York-specific considerations here. Federal government contractors should pay particular attention to these new benefits and the way they interact with other paid sick leave requirements.
The Supply Chain Security Constellation: Mapping Recent U.S. Government Actions
The new year has already brought significant news for companies that do business with the U.S. government, and for those that trade in materials and technology that represent priorities for national security stakeholders. Our colleagues in the firm’s CFIUS practice thoughtfully analyzed the regulations implementing the Foreign Investment Risk Review Modernization Act, and other experts explained the impact of the “Phase I” trade agreement with China.
Contractors Face New Reporting Requirements
Contractors Face New Reporting Requirements 10/18/2019 By Jeff Bozman, Susan Cassidy and Samantha L. Clark Photo: iStock The Federal Acquisition Regulatory Council released an interim rule in August implementing part of the 2019 National Defense Authorization Act. It describes two sets of compliance obligations that deserve close attention from current and prospective government contractors.
Key Takeaways from Industrial Base Report
Government Contracting Insights: Key Takeaways from Industrial Base Report 12/27/2018 By Jeff Bozman, Justin M. Ganderson and Zachary Mears Photo: iStock Last year, President Donald Trump issued Executive Order 13806, which commissioned a comprehensive evaluation of the defense industrial base and supply chains of the United States. That evaluation recently was released in unclassified form.
Senate Armed Services Committee Proposes Expansive but Unclear Software Review Provisions
As the Senate approaches the end of its debate on the National Defense Authorization Act for Fiscal Year 2019, provisions of the bill regarding access to and review of information technology code deserve close attention. These sections, if enacted, would significantly impact Department of Defense contractors and also would affect matters associated with investments subject to review by U.S. national security agencies.
In Sexual Orientation Nondiscrimination Claims, “EEO Is the Law,” and Not Just for Government Contractors
A few years ago, we reported on regulations governing federal contractors’ nondiscrimination obligations with respect to LGBT employees. The Trump Administration has taken steps to roll back many Obama-era efforts, although the Executive Order and rules establishing LGBT-related protections for employees of federal contractors remain in force, at least for now.
Challenges and Priorities for the New Secretary of Labor
Alex Acosta was confirmed by the Senate to be the next Secretary of Labor. He now takes responsibility for several high-profile issues with critical implications for government contractors. As we have previously written, the Labor Department was an exceptionally active regulator from 2013 through the end of the Obama Administration. Although few of us expect that pace to continue, Secretary Acosta will have to balance two competing pressures.
Endgame for Blacklisting Order
Congress recently began the process to legislatively overturn the regulations implementing President Obama’s “Fair Pay and Safe Workplaces” Executive Order. Under the Congressional Review Act, Congress can dismantle regulations that were finalized in the waning days of a presidential administration. The process begins with a joint “resolution of disapproval” in Congress.
Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit
A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an employer’s ability to defend against such claims based on their workers’ potential illegal immigration status. In Rosas et al. v.
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