New Executive Order Shines Spotlight on Contractor Compliance With Labor Laws
Client Alert | 1 min read | 08.04.14
On July 31, 2014, the Obama Administration issued a new Executive Order that will lead to regulations requiring contractors bidding on procurement contracts in excess of $500,000 to disclose violations of various labor laws (including the FLSA, Service Contract Act, Davis-Bacon, ADA, ADEA, FMLA, NLRA, OSHA, Title VII of the Civil Rights Act and others, as well as "equivalent" state laws) occurring within the preceding 3-year period, make similar representations with regard to certain subcontractors, and provide updated information on a continuing basis after award. The "Fair Pay and Safe Workplaces Executive Order" will also expand the "Franken Amendment" limitation on contractors’ ability to enforce pre-dispute arbitration agreements as to certain types of employee claims and require federal agencies to designate a Labor Compliance Advisor tasked with facilitating compliance with labor laws, including "helping agency officials determine the appropriate response to address violations of the requirements of the labor laws" and "send[ing] information to agency suspending and debarring officials in accordance with agency procedures" (for additional discussion, see here).
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Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
