New Executive Order Shines Spotlight on Contractor Compliance With Labor Laws
Client Alert | 1 min read | 08.04.14
On July 31, 2014, the Obama Administration issued a new Executive Order that will lead to regulations requiring contractors bidding on procurement contracts in excess of $500,000 to disclose violations of various labor laws (including the FLSA, Service Contract Act, Davis-Bacon, ADA, ADEA, FMLA, NLRA, OSHA, Title VII of the Civil Rights Act and others, as well as "equivalent" state laws) occurring within the preceding 3-year period, make similar representations with regard to certain subcontractors, and provide updated information on a continuing basis after award. The "Fair Pay and Safe Workplaces Executive Order" will also expand the "Franken Amendment" limitation on contractors’ ability to enforce pre-dispute arbitration agreements as to certain types of employee claims and require federal agencies to designate a Labor Compliance Advisor tasked with facilitating compliance with labor laws, including "helping agency officials determine the appropriate response to address violations of the requirements of the labor laws" and "send[ing] information to agency suspending and debarring officials in accordance with agency procedures" (for additional discussion, see here).
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Client Alert | 2 min read | 05.14.26
On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert.
Client Alert | 4 min read | 05.14.26
Client Alert | 6 min read | 05.12.26
Client Alert | 5 min read | 05.12.26
NYDFS Ramps Up Health Care Cybersecurity Enforcement With $2.25 Million Settlement
