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  • DOL Clarifies and Expands Leave Rights for “Non-Traditional Parents”

    • By Burton J. Fishman

    The original FMLA included an understanding that not all minors will be cared for by a biological parent and that some caregivers will not have formal rights of custody or similar certifications.  It did so by mandating leave for persons “in loco parentis,” that is, adults who provide day-to-day care and financial support for minors.

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  • Privately-Held Federal Contractors Must Report Executive Compensation

    • By: Judith E. Kramer

    On July 8, 2010, a new federal regulation went into effect that may have far-reaching implications for companies that have contracts with the federal government.  As of that date, contracting agencies must include in solicitations and contracts of at least $25,000 a clause requiring certain contractors and first-tier subcontractors to report at http://www.ccr.gov the names and total compensation of each of the five most highly compensated executives for the contractor’s or subcontractor’s preceding fiscal year. 

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  • David Fortney Named One of America’s Leading Lawyers in Labor and Employment – Chambers USA 2010

    • Fortney & Scott, LLC is pleased to announce that David S. Fortney, Esq. has been recognized in the 2010 edition of the Chambers USA ratings of Washington, DC’s top labor and employment attorneys.  Mr. Fortney was ranked by Chambers USA in Band 1, which is the highest ranking that is awarded to only five labor and employment attorneys in Washington, DC, based on extensive interviews of fellow attorneys and clients.  The Chambers USA evaluation stated that Mr. Fortney “draws praise as a leading authority on wage and hour compliance, but he also counsels clients on equal opportunity requirements, nondiscrimination regulations and workplace health and safety.”  The quality of his legal analysis is outstanding and his approach is described as “unbelievably politically astute.”

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Privately-Held Federal Contractors Must Report Executive Compensation

By: Judith E. Kramer

On July 8, 2010, a new federal regulation went into effect that may have far-reaching implications for companies that have contracts with the federal government.  As of that date, contracting agencies must include in solicitations and contracts of at least $25,000 a clause requiring certain contractors and first-tier subcontractors to report at http://www.ccr.gov the names and total compensation of each of the five most highly compensated executives for the contractor’s or subcontractor’s preceding fiscal year. 

The requirement applies if, in the preceding fiscal year, the contractor or subcontractor received 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements.  The requirement does not apply if the public already has access to information about the executives’ compensation through filings with the Securities and Exchange Commission.

An executive’s total compensation is defined in the regulation as the cash and
noncash dollar value earned by the executive during the contractor’s preceding fiscal year and includes salary; bonuses; awards of stock, stock options and stock appreciation rights; earnings for services under non-equity incentive plans; change in pension value; above-market earnings on deferred compensation which is not tax-qualified; and other compensation, if the aggregate value of all such compensation (e.g., severance, termination payments, property, etc.) for the executive exceeds $10,000.
 
According to the Federal Acquisition Regulation (“FAR”) Council, which issued the new rule, “The objective of the rule is to empower the American taxpayer with information that may be used to demand greater fiscal discipline from both executive and legislative branches of Government.”  The new database will “deter wasteful and unnecessary spending, since Government officials will be less likely to earmark funds for special projects if they know the public could identify how much money was awarded to which organizations, and for what purposes.”

The new regulation is an “interim” rule.  This means that while the rule went into effect upon publication on July 8, 2010, it is still a proposed rule, and the public is invited to submit written comments by September 7, 2010, which will be considered by the FAR Council in issuing a final rule.

Please contact Judith E. Kramer or the FortneyScott attorney who is your principal advisor regarding this or any other federal contractor-related issue.
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