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ASBCA's FY19 Report – a Look at the Numbers

Client Alert | 1 min read | 02.04.20

The Armed Services Board of Contract Appeals published its FY19 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. According to this year's report, contractors prevailed, in whole or in part, in 48% of the appeals decided on the merits. Also notable, the Board had a sterling success rate in resolving matters via alternative dispute resolution (ADR), successfully resolving 100% of ADRs concluded in FY19—including mediation, arbitration, and ADR of undocketed appeals—up from 85% in FY18.

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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....