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GAO Faults Corrective Action Reevaluation

Client Alert | less than 1 min read | 08.27.15

In eAlliant, LLC (Jan. 14, 2015), GAO demonstrated that reevaluations based on "corrective action" must independently pass muster. Here, the record contained no rational basis or explanation for why the official who had previously credited the protester's technical proposal with multiple strengths had allowed the removal of all but one strength during subsequent reevaluations when there were no material revisions to the RFP's technical requirements or to the protester's proposal.


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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....