Thursday, March 16, 2017
8:00 AM – 5:00 PM EST
Hyatt Regency Reston, VA
More information is available here and below.
8:00 – 8:30 Registration and Breakfast
8:30 – 9:20 The Government Contractor Environment Under President Donald Trump
9:20 – 9:40 Immigration Outlook 2017
9:40 – 10:00 Recent Trends in DCAA Audits
10:00 – 10:20 Executive Orders and DOL Wage Hour Round Up
10:20 – 10:40 Break
10:40 – 11:00 Does Your Insider Threat Program Meet the New Standards?
11:00 – 11:20 Where are We Now with Health Care?
11:20 – 12:00 False Claims Act Recap and Look Ahead
12:00 – 1:00 Lunch
1:00 – 1:40 How an Expansionist NLRB Affects Government Contractors – And What to Expect Under a New Administration OR Employment, Confidentiality, Non-solicitation and Non-competition Agreements – Challenges and Opportunities for the Federal Contractor
1:45 – 2:25 Service Contract Act Compliance – Top 10 Challenges OR When Johnny Comes Marching Home – USERRA and Its Impact on Employers
2:30 – 3:10 Negotiating Subcontractor Agreements – Top 10 Issues Considered by Legal Counsel OR Teleworking or Tele-Not-Working – When ADA Obligations are in Tension with Management Needs and Government Client Demands
3:10 – 3:30 BREAK
3:30 – 4:15 EEO-1 Pay Data Reporting & OFCCP Enforcement Update
4:15 – 5:00 Cocktail Reception
Government Contractor Employment Law Symposium
With a new Administration now in place, 2017 is expected to be a year of significant change for federal contractors with respect to executive orders (including Fair Pay and Safe Workplaces and paid sick leave), OFCCP enforcement priorities, the Affordable Care Act, immigration, and many more areas impacting the workplace.
Join a multi-disciplinary team of attorneys from the national employment law firm Jackson Lewis, along with guest speakers from the government contracting firm Smith Pachter, for a full day of presentations, interactive discussions and practical solutions addressing these and other pressing labor and employment developments.
The Government Contractor Environment Under President Donald Trump
In this uncertain political environment, one thing we know is that the winds of change are stirring in a host of areas that will affect government contractors. At this stage, however, it’s not clear whether the winds will be equivalent to a breeze, a hurricane or somewhere in-between. In this opening session, panelists will discuss the latest developments, and will identify a broad spectrum of potential changes that could impact government contractors, such as President Trump’s “one in, two out” executive order on rule-making, reversal of former President Obama’s executive orders like the “Blacklist” rule, the shift in focus for government spending, the reorientation of enforcement efforts, and potential directives for government agencies to renegotiate contracts. Throughout the symposium, speakers will address some of these and other issues in greater depth.
False Claims Act Recap and Look Ahead
In 2016, the Department of Justice recovered more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims against the government–the third highest annual recovery in the False Claims Act’s (FCA) history. Apart from settlements and judgments, the Supreme Court’s decision in Escobar upholding implied certification liability is one of the most important FCA opinions in years. But after an aggressive enforcement year in 2016, what can we expect in 2017? While this year might not present a landmark case like Escobar, companies doing business with the government are asking how the new Administration will impact FCA enforcement. In this session, we will recap major enforcement trends in 2016 and look ahead to FCA enforcement under President Trump. With perspectives from defense counsel, relator’s counsel, and an Assistant United States Attorney, government contractors will get a 360-degree analysis of the FCA’s current and future landscape.
EEO-1 Pay Data Reporting & OFCCP Enforcement Update
President Trump already has followed through on certain campaign promises—what may the new Administration do to follow up on his promise to relieve businesses of burdensome regulations proposed, enacted and enforced under President Obama? What may OFCCP look like under a Trump Administration? What will happen to the new EEO-1 reporting rule requiring employers with 100 or more employees to annually submit detailed pay and hours worked data for all employees (slated to begin in 2018)? Is the rule on the chopping block? Will it be modified? This session also will provide an overview of OFCCP’s latest enforcement trends, along with what has happened (or what we anticipate will happen) to those trends in 2017 and beyond.
Rapid Fire Plenary Sessions
Immigration Outlook 2017
The new Administration has made immigration enforcement and compliance a key priority and President Trump has wasted no time in issuing executive orders and taking related actions. This session will provide an overview of what has happened to date, what employers can expect in this new era and how the new Administration’s immigration-related agenda may impact government contractors.
Recent Trends in DCAA Audits
This rapid fire session will address recent trends in Defense Contract Audit Agency (DCAA) audits, including top enforcement trends, compliance challenges and penalties for contractors, a discussion of DCAA’s current backlog and potential changes under the new Administration.
Executive Orders and DOL Wage Hour Round Up
We will provide an overview of what we have seen to date and might see from the Trump Administration with respect to certain executive orders and DOL regulations impacting federal contractors, including the DOL regulations regarding overtime. We also will explore focus and enforcement expectations for the Wage Hour Division under a new Secretary of Labor.
Does Your Insider Threat Program Meet the New Standards?
Under the National Industrial Security Program Operating Manual (NISPOM) Change 2, issued in May 2016, cleared contractors are now required to establish and implement programs designed to detect and prevent “insider threats.” Elements of these programs include appointing Insider Threat Program Senior Officials, developing and certifying written plans, and providing pertinent training to employees. Is your company in compliance? Is your plan sufficient? Compare notes with colleagues and Jackson Lewis attorneys to help ensure compliance now and in the future.
Where are We Now with Health Care?
We do not know exactly how or how quickly the new Administration will dismantle or replace the Affordable Care Act (ACA), or when employers would begin to feel the impact of such modifications, but we do know that President Trump has promised change and that changes already are underway. This session will discuss what certain modifications, most significantly the dismantling of the ACA, could look like for your company and what options your organization might have going forward.
How an Expansionist NLRB Affects Government Contractors – And What to Expect Under a New Administration
In this session, we will explore how recent NLRB decisions in the areas of joint employment, successorship, bargaining obligations, work rules and policies, and information requests have impacted contractors. We will discuss how unions use these principles to leverage their position, as well as how contractors may respond effectively. We will also talk about what we might expect from the new Administration.
Employment, Confidentiality, Non-solicitation and Non-competition Agreements – Challenges and Opportunities for the Federal Contractor
This session will address the unique challenges federal contractors must address when preparing, using, and enforcing confidentiality, non-solicitation and non-competition agreements for their employees and independent contractors. We will also discuss issues relating to the use of employment agreements for American citizens and foreign nationals working overseas for federal contractors.
Service Contract Act Compliance – Top 10 Challenges
Compliance with the Service Contract Act (SCA) isn’t easy, and the penalties for non-compliance, including monetary payments, contract cancelation and debarment, can be costly. Learn about some of the areas many contractors (and even the DOL) find most challenging, including the intersection of the SCA with collective bargaining agreements, providing health and welfare benefits to employees covered by TRICARE or other medical insurance, job classifications, distinguishing SCA work from Davis-Bacon Act covered work, and more. This session is intended for those who have at least basic knowledge of the SCA and is intended to be interactive, so please bring questions and share your own experience.
When Johnny Comes Marching Home – USERRA and Its Impact on Employers
This session, designed for attendees with any level of familiarity with the Uniformed Services Employment and Re-employment Rights Act of 1994, will provide an overview of the law, ranging from its requirements and protections to its increasing impact on employers as a result of the continuing global war on terrorism. As a former U.S. Army Judge Advocate deployed to Iraq, Jackson Lewis speaker Matt Nieman will offer a unique perspective along with strategies for working with enforcement agencies.
Negotiating Subcontractor Agreements – Top 10 Issues Considered by Legal Counsel
This comprehensive and fast-paced review will include a discussion of contract types; FAR Parts 8, 12 and 15; requirements for certified cost or pricing data; audit rights; data rights; changes provisions; termination rights; dispute resolution provisions; and indemnity provisions.
Teleworking or Tele-Not-Working – When ADA Obligations are in Tension with Management Needs and Government Client Demands
More than one-third of American workers telecommute in some capacity, and the EEOC openly advocates telework as an accommodation under the Americans with Disabilities Act. However, your managers or your government client might be reluctant to allow teleworking, due to the nature of the position, the difficulty in supervising remote employees and measuring their time worked, the impact on other employees who wish to telework, or security concerns. After this seminar, you will be better equipped to evaluate whether teleworking is a reasonable accommodation, effectively manage remote employees, and navigate teleworking requests.