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Pre-Award Key Personnel Departure Creates Catch-22 – Do I Tell or Not?

Client Alert | less than 1 min read | 12.24.15

In Pioneering Evolution, LLC (Dec. 8, 2015), GAO agreed with the Navy's rejection of an offer as technically unacceptable for failure to satisfy a material solicitation requirement when the protester had notified the Navy after submission of final proposal revisions (FPRs) but before award that one of its proposed key personnel had accepted another position and was no longer available to perform. GAO asserted that the protestor was required to notify the Navy but that it had no right to substitute a qualified replacement, confirming that offerors are at risk if they inform an agency of key personnel departures post-FPR.

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Client Alert | 3 min read | 04.24.26

DOL Issues Proposed Rule On “Joint Employment”

On April 21, 2026, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) outlining a new standard for “joint employment” — under which separate entities will be found jointly liable for the other’s violations — under the Federal Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Seasonal Agricultural Worker Protection Act (MPSA). The Proposed Rule purports to standardize the definition of “joint employment” across all three laws to create “clarity” and “uniformity” for employers and employees alike....