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Contractor Logs Victory in Termination Case at Federal Circuit

Client Alert | less than 1 min read | 03.02.15

In EM Logging v. Department of Agriculture, 2014-1227 (Feb. 20, 2015), the Federal Circuit reversed the Civilian Board of Contract Appeals, holding that substantial evidence did not support the Board's conclusion that the US Forest Service had properly terminated a timber sale contract for "flagrant disregard" of the terms of the contract. On appeal, the court found that the record supported only four instances of route deviation, load limit violations, or delayed notifications, and held that the contractor's actions did not justify termination because termination for "flagrant disregard" must be "predicated on more than technical breaches of minor contract provisions or isolated breaches of material contract provisions which caused no damage."

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Client Alert | 3 min read | 04.24.26

DOL Issues Proposed Rule On “Joint Employment”

On April 21, 2026, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) outlining a new standard for “joint employment” — under which separate entities will be found jointly liable for the other’s violations — under the Federal Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Seasonal Agricultural Worker Protection Act (MPSA). The Proposed Rule purports to standardize the definition of “joint employment” across all three laws to create “clarity” and “uniformity” for employers and employees alike....