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Court Tackles Hubzone Issues In Two Cases

Client Alert | less than 1 min read | 04.12.05

In Mark Dunning Industries, Inc. v. U.S. (Mar. 4, 2005), the Court of Federal Claims, after finding it has jurisdiction to review a SBA protest decision of a bidder's HUBZone qualification, decided that the SBA had appropriately found the bidder qualified because its "principal office" (which was in a HUBZone) was different from its headquarters (which was not). In Manson Construction Co. v. U.S. (Mar. 14, 2005), the court validated award to the second-low bidder which won because of application of the HUBZone preference, while also upholding the agency's revision of its internal estimate that brought the contractor within the "zone" of permissible cost.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....