Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation PolicyOn November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for safety violations regardless if the employer actually employs the employee(s) exposed to the hazard.

Under OSHA’s multi-employer worksite policy,

Cannabis and the Contractor: Effective Drug Testing Policy and ComplianceAlthough marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening America’s federal prohibition abound in Congress. This rapidly evolving legal landscape presents new challenges for contractors (and other employers), particularly

All Small Mentor-Protégé Program 2018 Year-End ReportThe Small Business Administration (SBA) started accepting applications for the All Small Mentor-Protégé Program (ASMPP) in 2016, but SBA has seen a surge in applications in 2017 and 2018.

Under the ASMPP, any small business—including 8(a) small businesses, Historically Underutilized Business Zone (or HUBZone) small businesses, veteran-owned and service-disabled veteran-owned small businesses (VOSBs/SDVOSBs), woman-owned and