Final Rule on Nondisplacement of Workers Performing Service Contracts
Client Alert | less than 1 min read | 01.03.13
On December 21, 2012, the government issued a final rule that requires incoming contractors to offer qualified employees of the predecessor contractor and its subcontractors a right of first refusal of employment if the positions are covered by the Service Contract Act, unless a waiver is obtained or an exception applies. The rule, which is effective January 18, 2013, implements Executive Order 13495 and the Labor Department's regulations on Nondisplacement of Qualified Workers Under Service Contracts.
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The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing[4]. This Pilot will apply to cases heard in the Commercial Court, the London Circuit Commercial Court (King’s Bench Division), and the Financial List (Commercial Court and Chancery Division)[5].
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