A live, interactive 2-hour Webinar presented by John C. Fox, Esq., and Garry Grossman, Esq.
Wednesday, September 7, 2016
1:00 p.m. - 3:00 p.m. (Eastern) 12:00 noon - 2:00 p.m. (Central) 11:00 a.m. - 1:00 p.m. (Mountain) 10:00 a.m. - 12:00 noon (Pacific)
The Fair Pay and Safe Workplaces Final Rules Revealed and Explained
Employment and Administrative Law lawyer John Fox will team with Government Contracts lawyer Garry Grossman to catalogue and discuss the many employment law compliance histories Government contractors and subcontractors will now need to routinely report on their Government contract bid sheets for contracts/subcontracts of $500,000 or more as to 14 employment law statutes from the FLSA to the NLRA to OFCCP’s 3 statutes, to OSHA, etc.
Newly created “Agency Labor Compliance Advisors” (“ALCAs”) to be housed in the U.S. Department of Labor will now make pre-contract award determinations as to which bidders have sufficiently “responsible” employment compliance histories to receive Government contracts and may and will deny bidders contracts based solely on their employment law compliance histories as to each of the 14 employment statutes of interest. We will discuss contractor AND subcontractor duties to report all civil judgments, arbitration awards or decisions and all “Administrative Merits Determinations” (“AMD”), a newly created category of reports of employment agency findings following investigation, the circumstances under which the contracting agency may terminate a subcontractor (even one working on an existing contract), and the new, earlier than expected, compliance dates to be phased-in between October 25, 2016 and October 25, 2017, including as to the new requirement that Government contractors (and their subcontractors) winning a bid of $1M or more will NOT be allowed to have certain kinds of Arbitration agreements. (Note that reporting of arbitration awards or decisions will itself compromise the confidentiality of the arbitration process).
John will also discuss the special issues surrounding reporting of violations of OFCCP’s three statutes and given that the courts have not previously allowed pre-award denials of contracts for even egregious and intentional discrimination law violations of OFCCP’s three statutes. Garry will discuss how the federal government contract bid “responsibility process” operates and summarize how contractor challenges to contract bid denials currently work. Additionally, we will discuss the various definitions of reportable AMDs including a crisp list of the various reportable AMDs, by statute. Many practitioners will be surprised to learn that even EEOC Charge Determinations adverse to the employer and OFCCP Notices to Show Cause and NLRB Complaints are reportable, even while discussions and formal appeals are still pending within the agency and even before litigation has ensued let alone reached final conclusion. We will also discuss the “grading” of reportable violations as either “serious”, ”repeated “, “willful” or “pervasive” and the implications for contract award denial.
WHO SHOULD ATTEND? HR Managers who may have to collect the data and build reporting systems, government contract administrators, employment lawyers, safety specialists, wage-hour specialists and EEO and Affirmative Action personnel.
John C. Fox, Esq., is the President and a founder of Fox, Wang & Morgan, P.C., in Los Gatos, California. Mr. Fox leads large and complex litigation matters in state and federal courts, in cases involving wage-hour and discrimination class actions, trade secret claims, employment contract disputes, wrongful termination, corporate investigations, and the use of statistics in employment matters. He is considered one of the country’s foremost experts on affirmative action matters. For more information on Mr. Fox, please click here.
Garry Grossman is a government contracts attorney in Washington, DC, where he has been in private practice since 1982, focusing in all areas of government procurement, including counseling and litigation for small and large companies. He is co-founder of the Public Contracting Institute, and also serves as an adjunct professor at George Washington Law School, frequent lecturer to industry, and as an expert witness as well.
HOW DO WEBINARS WORK?
Webinars are cost-effective and convenient. You participate in the entire conference from your office using your computer and your log-in code. Plus, for one fee, you can have as many people participate as you can fit around your computer, but only the registrant will receive an attendance certificate from NELI. This Webinar will run for two (2) hours with an opportunity to submit questions via email throughout the program.
HOW WILL WE RECEIVE THE PROGRAM MATERIALS?
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CLE AND OTHER CONTINUING EDUCATION CREDIT:
Due to the spontaneous nature of this production and time-driven application processes, CLE will be generally unavailable. However, some jurisdictions may accept self-reporting. We will provide all necessary forms and proof of attendance.
Registration Fee: $289.00 - If you are unable to participate on September 7th, you will be able to access the rebroadcast to watch at any time. Unlimited Viewers from the same computer. An attendance certificate will be issued for registered participants ONLY.
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