Joomla! site syndication http://www.fortneyscott.com Wed, 22 May 2013 21:11:34 +0100 FeedCreator 1.7.2 http://www.fortneyscott.com/images/M_images/joomla_rss.png http://www.fortneyscott.com Joomla! site syndication http://www.fortneyscott.com/index.php?option=com_content&task=view&id=337&Itemid=209 On February 4, the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA), the U.S. Department of Labor issued final regulations implementing statutory changes to the military FMLA provisions and new provisions impacting airline personnel and flight crews. Congress had amended the FMLA in 2008 to provide employees with family members serving in the Armed Forces, National Guard and Reserves with FMLA leave for reasons related to their family members’ military service. In 2010, Congress again amended the statute to include certain veterans and make changes to the military-related leave protections. It also enacted a special eligibility provision for airline flight crew employees. These regulations (http://www.gpo.gov/fdsys/pkg/FR-2013-02-06/pdf/2013-02383.pdf) clarify the obligations of employers and rights of employees pursuant to the statute. Wed, 06 Feb 2013 18:26:36 +0100 http://www.fortneyscott.com/index.php?option=com_content&task=view&id=335&Itemid=209 The Federal Acquisition Regulatory Council has issued its Final rule implementing Executive Order 13495 and has announced January 18, 2013 as the Order's effective date. Signed by President Obama on January 30, 2009, Executive Order 13495 requires contractors and subcontractors that fall under a contract that succeeds a contract for performance of the same or similar services at the same location to offer the employees of the predecessor contractor a right of first refusal of employment under the contract. Fri, 11 Jan 2013 15:48:06 +0100 http://www.fortneyscott.com/index.php?option=com_content&task=view&id=333&Itemid=209 On January 9, 2013 it was announced that Secretary of Labor Hilda Solis was resigning. At this time, the nominee to succeed Secretary Solis has not been announced. In the interim period, we do not anticipate there will be any impact on pending DOL audits or other matters. Wed, 09 Jan 2013 17:06:40 +0100 http://www.fortneyscott.com/index.php?option=com_content&task=view&id=328&Itemid=209 In a rare victory for federal contractors, the U.S. Department of Labor (“DOL”)’s Administrative Review Board (“ARB”) ruled (storage/fortneyscott/documents/arb_decision_on_ndaa.pdf) that the Office of Federal Contract Compliance Programs (“OFCCP”) lacks jurisdiction over health care providers whose sole federal contracts or subcontracts are based on their relationship with the TRICARE network, the Defense Department’s health care program for both active and retired military. The ARB’s October 19, 2012 decision dismissed the OFCCP’s enforcement action in OFCCP v. Florida Hospital of Orlando, based on the National Defense Authorization Act of 2012 (“NDAA”), signed by President Obama on December 31, 2011 providing, inter alia, that TRICARE “may not be considered to be a contract for the performance of health care services or supplies.” As a result, TRICARE contracts are not within OFCCP’s jurisdiction. OFCCP had refused to concede that the NDAA barred its audit, instead doggedly pursuing the employer. Thu, 25 Oct 2012 17:38:15 +0100 http://www.fortneyscott.com/index.php?option=com_content&task=view&id=325&Itemid=209 Fortney Scott, LLC is pleased to announce that David S. Fortney, Esq. has been recognized in the 2012 edition of the Chambers USA ratings of Washington, DC’s top labor and employment attorneys. Mon, 06 Aug 2012 13:13:48 +0100