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The Impact to Employers Resulting from the DOL's Withdrawal of the Independent Contractor Rule | Kilpatrick Townsend & Stockton LLP

The Impact to Employers Resulting from the DOL's Withdrawal of the Independent Contractor Rule | Kilpatrick Townsend & Stockton LLP
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Government Contracts Legal Round-Up | 2021 Issue 9 - Government, Public Sector

GAO dismissed a protest as untimely where the protester waited
until after its bid was rejected to challenge a patent ambiguity in
the solicitation.
The Army Corps of Engineers issued an invitation for bids (IFB)
that included standard FAR clauses indicating the procurement was
being set aside for small businesses, but the IFB did not include
other regulatory requirements for set asides, such as the NAICS
code or size standard.
The Army rejected the protester s low bid because the
company was other than small, and the company protested.
The protest decision is a stark reminder that a company that
competes under an ambiguous solicitation cannot wait until after ....

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US Federal Labor Viewpoints – Week Of May 3, 2021 - Employment and HR

Unemployment Insurance (UI) Overpayment Guidance
Labor and Commerce Secretaries Stress Apprenticeships
National Advisory Committee on Apprenticeship | Nominations
Sought
Direct Care Workers Legislation Introduced
H-2A Program | Herding or Livestock Production
Applications
Forced Labor | Nitrile Glove Imports Seized

Upcoming Congressional Hearing
Biden Administration Labor Leadership
Updates. This week, the Senate Health, Education,
Labor, & Pensions (HELP) Committee scheduled a
business meeting for May 12 to vote on the following
nominations:
Jennifer Abruzzo to serve as General
Counsel of the National Labor Relations Board (NLRB);
Seema Nanda to serve as Solicitor for the
U.S. Department of Labor; and
Jocelyn Samuels, for a new term on the U.S. ....

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DOL: US Economy Added Fewer Jobs Than Predicted by Economists April 2021

Unemployment Insurance (UI) Overpayment Guidance
Labor and Commerce Secretaries Stress Apprenticeships
National Advisory Committee on Apprenticeship | Nominations Sought
Direct Care Workers Legislation Introduced
H-2A Program | Herding or Livestock Production Applications
Forced Labor | Nitrile Glove Imports Seized

Upcoming Congressional Hearing
Biden Administration Labor Leadership Updates. This week, the Senate Health, Education, Labor, & Pensions (HELP) Committee scheduled a business meeting for May 12 to vote on the following nominations:
Jennifer Abruzzo to serve as General Counsel of the National Labor Relations Board (NLRB);
Seema Nanda to serve as Solicitor for the U.S. Department of Labor; and
Jocelyn Samuels, for a new term on the U.S. Equal Employment Opportunity Commission. ....

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DOL Withdraws Independent Contractor Rule OOIDA Disappointed

Effective May 6, the U.S. Department of Labor has withdrawn the Independent Contractor Rule.
When the DOL initially published the rule in the Federal Register Jan. 7, 2021 during the final days of Donald Trump’s presidency the agency noted that it was “revising its interpretation of independent contractor status under the Fair Labor Standards Act to promote certainty” for stakeholders, including the trucking industry, as well as in an effort to reduce litigation and “encourage innovation in the economy.”
The Jan. 7 rule sought to define the difference between an employee and an independent contractor, noting, “The ultimate inquiry is whether, as a matter of economic reality, the worker is dependent on a particular individual, business, or organization for work (and is thus an employee) or is in business for him- or herself (and is thus an independent contractor).” ....

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