United States: Final Anti-Trafficking Rule To Impose New – And Uncertain – Obligations On Contractors

In late January, the FAR Council issued its long-awaited final rule amending the FAR to strengthen the U.S. Government’s policy against human trafficking.  As discussed below, the amendments may have far-reaching compliance implications for government contractors.

The rule, applicable to all contracts awarded on, or after, March 2, 2015, expands the scope of prohibited conduct under FAR Subpart 22.17 to include:

Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity or […]

By | March 2nd, 2015 ||

United States: You Again?: Application Of The First-To-File Bar Where Subsequent Actions Are Brought By The Same Relator

The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government.  One of these, the so-called “first-to-file” bar, applies when two “related” whistleblower actions are filed:  “When a person brings an [FCA action], no person other than the Government may intervene or bring a related action based on the facts underlying […]

By | March 2nd, 2015 ||

Australia: Swearing at the boss: is it always a sackable offense?

In a recent decision by the Fair Work Commission, Deputy President Wells found against the company that summarily dismissed an employee for abusing the managing director of the company. The company was an SME and the managing director and the garbage truck driver were having a telephone conversation which got heated. In the course of that conversation, the employee said to the managing director:-

“You dribble s#*t, you always dribble f#*$ing s#*t”.

The company proceeded to […]

By | March 1st, 2015 ||