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Union Obtains Protest Relief In District Court

Client Alert | less than 1 min read | 03.08.06

In Nat'l Treasury Employees Union v. IRS (D.D.C., Feb. 22, 2006), the union successfully challenged the decision of IRS to contract out mailroom functions without holding a public-private competition as required by the 2004 IRS appropriations act. Of most interest was the finding of the district court that the provisions of 28 U.S.C. 1491(b) giving the Court of Federal Claims exclusive jurisdiction over protests did not apply because the union was not an "interested party" under that provision, i.e., an actual or prospective bidder.

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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....