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You Win Some/You Lose Some

Client Alert | less than 1 min read | 06.01.06

In our Bullet Point of May, 19, 2006, we reported that CMS had lost a bid protest on one of the first competitive procedures to replace the existing fiscal intermediary and Medicare carrier contractors. In a companion protest that the same protester filed on another award under the same RFP, CIGNA Gov't Services, LLC (May 4, 2006, http://www.gao.gov/decisions/bidpro/297915.pdf), CMS prevailed against allegations that CMS had “completely abdicated” its responsibility to perform a cost realism analysis, as GAO found that CMS had considered all relevant information in the awardee's proposal and that there was no basis to question the reasonableness of CMS's analysis.

Insights

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....