Small Business

Are they independent contractors or employees? What’s the economic reality?

On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule on worker classification under the Fair Labor Standards Act (“FLSA”). Under the final rule, the DOL is modifying their Wage and Hour Division regulations to reflect its latest analysis/guidance for determining whether a worker should be classified as an employee...
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SBA 8(a) Applications Are Currently on Hold Due to Recent Federal Court Decision

Posted on August 11, 2023
Applications for the Small Business Administration (“SBA”)’s 8(a) program are currently on hold as the SBA develops its response to a decision from the U.S. District Court for the Eastern District of Tennessee (the “district court”) finding one element of the program unconstitutional.  The district court’s decision is somewhat old news, at least in...
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Naked or “Clothed”? The Importance of Foreign Government Intent in Applying 28 U.S. Code § 1782 (a)

ZF Automotive US, Inc. v. Luxshare, LTD. The United States Code authorizes a federal district court to compel individuals and companies within its jurisdiction to provide discovery to proceedings pending in “foreign and international tribunals.” 28 U.S.C. § 1782 (a).  But does that apply to private commercial arbitration and bilateral investment treaty arbitrations?  On...
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Managing Inflation in Government Contracts

With inflation surging to the highest level in over 40 years, there is heightened focus on how to equitably balance risk between the government and the contractor.  This is particularly a concern when it comes to fixed-price contracts, where contractors generally bear the risk of cost increases, including inflation. Unless the contract states otherwise,...
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The DoD’s Equity Action Plan Includes Strategy to Advance Small Businesses Opportunities in the Federal Acquisition Process

Posted on April 29, 2022
The Department of Defense (“DoD”) released its “Equity Action Plan” (the “Equity Plan”) which was developed to ensure the creation of “opportunities for all Americans.” This Equity Plan was developed in response to President Biden’s January 2021 Executive Order 13985 – “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The...
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Do Amendments to a Solicitation Require a Re-Certification of Size Status?

As most government contractors know, government customers frequently amend solicitations—often multiple times and sometimes after proposals have already been submitted.  These multiple amendments can extend the solicitation period by months or even years. So what happens when the solicitation is a small business set-aside and the offeror could certify as small at the time...
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