Conflicts of Interest: What are They and How to Avoid Them


The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights. After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision’s effects on unit employees. It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions. If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union.

Government contract defines working relationship with contractors

FAR Smart Matrix. Chapter 99 CAS. DOD Deviations. Subpart 3.

The E-Verify Federal Contractor Rule only affects Federal contractors who were to include the FAR E-Verify clause after the effective date of the rule. employees, and exemption and exceptions for federal contractors who.

If you have never worked for the Federal Government, it is important that you take a few minutes and read this information. If you have worked for the Federal Government and have been away for a while or are a current Federal employee, you should also review this information because a number of rules and procedures have changed. A word of advice – there are many things you will learn throughout your employment in the Federal workforce.

Pay close attention, save all your paperwork, learn where to go and get answers, and never assume anything is the same from day to day. Please keep this booklet as a handy reference. You work 9 hours a day for 8 days and 8 hours on one day with one day off per pay period. The start and stop times may be modified with the approval of the supervisor. Variable week: A flexible work schedule of 80 hrs per biweekly pay period.

For Employees

Section menu. In addition, employees must strive to avoid any action that would create the appearance that they are violating the law or ethical standards. While procedures vary, waivers must be issued before the employee engages in the otherwise prohibited activities. Waivers further must be based on a full disclosure by the employee of the relevant facts and must be in writing.

As a Federal employee involved in the procurement and acquisition process, you play an important role in preserving the integrity of Government contracting and assuring fair You are assigned to a contract involving a person you are dating.

During a compliance review by the Office of Federal Contract Compliance Programs OFCCP , the agency may request, through a supplemental data request, that the company submit proof that all required postings are properly displayed on company bulletin boards. During an onsite investigation, OFCCP will also ask to view all company bulletin boards to ensure posters are correctly displayed.

Failure to display required posters can lead to OFCCP concluding there is a violation of the regulations. Similar to the all-in-one posters that many companies use for state and federal postings, there is also an all-in-one poster for federal contractors. However, since not all posters are applicable to all federal contractors, some contractors may choose to instead display posters individually.

Here are the federal posters that contractors and subcontractors are required to display note that the hyperlinks provide additional information and printable posters :.

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As any federal contractor will attest, doing business with the federal government is not easy. Bias contributing to an OCI could arise from any material or information that in any way impacts the review or evaluation of a proposal or offer for work arising under a Government contract. An OCI may arise if a contractor or their employees judgment, objectivity, partiality, or independence in performing work on behalf of the Government may be impaired or limited by its own financial and competitive interests.

Under this example, an OCI exists, perhaps on at least two grounds.

Government contracting processes long have influenced Federal ethics What if the Government employee is dating a contractor employee?

At the time, however, many questions remained concerning what constituted a government-approved facility and how often agencies would use their discretion to modify contracts for purposes of the reimbursement. In recent guidance including a deviation issued by the Department of Defense , the DOD and the Office of the Director of National Intelligence attempted to answer some of these questions. DOD Guidance and Deviation.

The DOD memo introduces the clause and provides guidance concerning its use. The memo cautions, however, that contracting officers must also be good stewards of taxpayer funds and must ensure that contractors do not receive duplicate payments from compensation from other CARES Act provisions or other COVID relief scenarios, including tax credits, as well as reimbursement under In this regard, the memo states that small businesses receiving relief under the Paycheck Protection Program to pay its employees should not also seek reimbursement for the same costs under Section The cost principle makes the costs of paid leave including sick leave allowable at the contract rates up to 40 hours per week and states that they may be direct charges so long as they were incurred to keep contractor employees and subcontractor employees in a ready state.

Costs will be allowable for paid leave taken during the period of the public health emergency declaration on January 31, , through September 30, Notably, this is different from the position ODNI takes in its guidance. ODNI Guidance. Most notably, the ODNI memo does not include specific contract language to be included in any contract modifications. The ODNI guidance does not, unfortunately, provide its interpretation of what a government-approved site means.

Finally, like the DOD, the guidance states that contractor invoices should segregate and specifically identify the time and expenditures billed under this authority to allow for future review and analysis of COVID related expenditures.

Part 3 – Improper Business Practices and Personal Conflicts of Interest

The links contained in this Desk Reference will redirect you to these documents, and – when this is the case – annotations have been made in the Desk Reference Text. Except for the provisions of 18 U. The degree to which those provisions apply depends upon the type of employee. The full measure of ethics statutes and regulations apply to all Federal employees other than Special Government Employees see 3, below.

Similarly, labor organizations may not restrain or coerce employees in the Inspector General Hotline · OIG Contractor Reporting Form · Policies In an extreme case, the NLRB may seek a federal court order to force the employer to bargain. 60 days before the expiration date, or 60 days before the proposed termination.

They may also develop hygiene and social distancing training programs based on CDC guidance but tailored to specific employee work environments. Such coordination will ensure plans are aligned with current national guidelines, and agencies have sufficient resources and workforce planning in place to execute. In addition, to the extent possible, employers are encouraged to consider telework options for employees with vulnerable household members, until their state or region has entered Phase 3 in accordance with the Guidelines for Opening Up America Again.

For agencies, components, or duty locations in regions or states that remain in the Gating period or Phase 1, a combination of maximized telework and flexible work schedules FWS should be used to improve social distancing between employees. Agencies may expand the types of FWS that are available to employees, as different types of schedules provide different degrees of flexibility.

Telework and FWS can also provide agencies significant flexibility to assist employees attempting to meet other responsibilities, such as caregiving. As conditions change, agency heads should revisit telework policies and agreements in order to continue progression toward normal operations or to address changing conditions while retaining the flexibility needed during the response. Agency heads have full flexibility as they do under normal operating conditions , to calibrate the extent of their telework, in accordance with current law, regulation and any applicable collective bargaining agreement.

For example, see 5 U.

Reporting Employee and Contractor Misconduct

It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations. Rather the Contractor’s personnel will act and exercise personal judgment and discretion on behalf of the Contractor. Environmental Protection Agency under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation.

This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

As noted in OMB’s guidance, M, Aligning Federal Agency Operations issued to date restrict the ability of Federal employees and contractors from any Federal employees and contractors should continue to carry.

Federal government websites often end in. The site is secure. Revised July PDF. This fact sheet provides general information concerning the meaning of “employment relationship” and the significance of that determination in applying provisions of the FLSA. An employment relationship under the FLSA must be distinguished from a strictly contractual one. Such a relationship must exist for any provision of the FLSA to apply to any person engaged in work which may otherwise be subject to the Act.

In the application of the FLSA an employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. The employer-employee relationship under the FLSA is tested by “economic reality” rather than “technical concepts. The U.

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From: Employment and Social Development Canada. The following questions and answers will be of interest to employers and employees working in the federal jurisdiction. Publication 1 – Summary describes the types of businesses covered by the Code. Request other formats online or call 1 O-Canada

› ccap › corhb › Files › Contractor_Relationship.

These individuals will need to abide by a series of laws and regulations in their business transactions and interactions. The rules they must follow can be both federal and state-level directives. The contractor is, by definition, independent, and not an employee of the hiring company. A perfect example of an independent contractor is a cleaning service.

The service comes into your office to do work, but the cleaning service workers are not employees of your company. Contractors may be paid by the hour or by the project, depending on the type of work done. The contractor is not an employee of the company and receives no employment benefits.

Rights on termination of employment

Mary Stanton. What happened to the right of privacy? Where did you think either of us would meet somebody?

As any federal contractor will attest, doing business with the federal ethics requirements that contractors and their employees must meet.

The order instituted a day hiring freeze for United States federal employees, after which it was to be replaced by a long-term workforce reduction plan to be developed by the Office of Personnel Management. The hiring freeze follows similar measures instituted by Jimmy Carter and Ronald Reagan. In , the Government Accounting Office issued a report on the impact of these freezes and found they had “little effect on Federal employment levels” and “disrupted agency operations, and in some cases, increased costs to the Government.

In December , President Obama issued Executive Order [6] carrying out a two-year federal employee pay freeze. In , Federal employees endured sequestration -related furloughs as well as several unpaid days related to government shutdown. Prior to becoming president, Trump indicated that he would institute a hiring freeze. The order was signed as one of the first executive actions of the Trump Administration in a ceremony that also included orders for the withdrawal of the United States from the Trans-Pacific Partnership , and for reimposing the Mexico City Policy banning foreign non-governmental organizations that receive federal funding from performing or promoting abortion services.

He said that the order “counters the dramatic expansion of the federal workforce in recent years. Trump initially stated on January 23 that the hiring freeze does not affect “the military” and personnel associated with public safety. After two days of confusion, the Office of Management and Budget and the Office of Personnel Management clarified on January 25 [14] that the freeze would not apply to public healthcare workers at the Department of Veterans Affairs , but would apply to Department of Defense civilians.

In this guidance, the freeze does not apply to agencies under the following circumstances:. Further, OMB guidance declared that “The head of any agency may exempt any positions that it deems necessary to: Meet national security including foreign relations responsibilities, or Meet public safety responsibilities including essential activities to the extent that they protect life and property. Agencies may refer to longstanding guidance, which provides examples of such activities in OMB Memorandum.

Who Is A Federal Contractor?

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