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"Rebalancing" The Federal Workforce

Client Alert | less than 1 min read | 05.06.10

On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in OMB issued a proposed policy letter to provide guidance to the Executive Branch regarding when work must be reserved for Federal employees, whether that work is "inherently governmental" (100% of which must be reserved), or "closely associated with governmental functions" and "critical functions" (some portion of which must be reserved). The recently-appointed Administrator of OFPP, Daniel Gordon, made clear at an April 26 ABA meeting that the purpose of the draft guidance is to "rebalance" the Federal government's relationship with contractors, who are, according to Administration, currently filling jobs that should be reserved for Federal employees.

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Client Alert | 4 min read | 03.04.26

Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims

The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim....