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Out-of-Scope Investigation Should Not Prevent Access

Client Alert | less than 1 min read | 12.22.16

On December 7, 2016, the Director for Defense Intelligence issued a memorandum that DoD components should not deny individuals with current eligibility in the Joint Personnel Adjudication System access to classified material based on an out-of-scope investigation, unless derogatory information calls into question the individual’s continued eligibility for access. The memorandum states that personnel security clearances do not expire, but that DoD components have been denying cleared contractor employees access to defense facilities and classified information because delays in processing background investigations have resulted in many periodic reinvestigations being overdue.

Insights

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....