Lindsay Burke

Firm/Organization: Covington & Burling LLP

Blogs: Global Policy Watch, Inside Compensation, Inside Government Contracts, Inside Privacy

Latest Articles

DOL Publishes Proposal to Expand Overtime Protections

By Lindsay Burke, Carolyn Rashby & Tom Plotkin on March 14, 2019

Following two years of anticipation, after a similar but more aggressive rule was proposed by President Obama’s administration and then squashed by federal courts in Texas, the Department of Labor (DOL) has issued the long-awaited Notice of Proposed Rulemaking that, if enacted, would expand access to overtime pay for certain employees under the Fair Labor Standards Act (FLSA). DOL estimates that this change could expand overtime eligibility for over one million American workers, about 3.7…

Inside Compensation

SCOTUS Upholds Employee Class Action Waivers in Epic Systems

By Tom Plotkin & Lindsay Burke on May 23, 2018

The Supreme Court put to rest years of uncertainty regarding the enforceability of class action waivers for employees when it decided Epic Systems Corp. v. Lewis, 582 U.S. ___ (2018) on May 21. In a 5-4 decision, the majority held that employers do not violate the National Labor Relations Act (NLRA) or the Federal Arbitration Act (FAA) by requiring employees to sign arbitration agreements that waive their rights to bring class action suits. While…

Inside Compensation

No Tax Deductions for Sexual Harassment Settlements with Non-Disclosure Agreements

By Lindsay Burke & Tom Plotkin on March 16, 2018

Part of Our Series on the Tax Cuts and Jobs Act of 2017 The Tax Cuts & Jobs Act of 2017 adds a new provision to the Code, section 162(q), that eliminates deductions for settlement payments related to sexual harassment or sexual abuse “if such settlement or payment is subject to a nondisclosure requirement.” The new provision also prohibits, in a separate subsection, deductions for attorney’s fees “related to such a settlement or payment.” Thus,…

Inside Privacy

Cyber Risks in the Workplace: Managing Insider Threats

By Lindsay Burke & Moriah Daugherty on October 10, 2017

Today, one of the most critical risks a company can face is the cyber risks associated with its own employees or contractors. Companies are confronting an increasingly complex series of cybersecurity challenges with employees in the workplace, including employees failing to comply with established cybersecurity policies, accidentally downloading an attachment containing malware or providing their credentials in response to a phishing scam, or intentionally stealing company information for the benefit of themselves or the company’s…

Global Policy Watch

Supreme Court Narrows Nationwide Injunctions on Travel Ban Executive Order, Effectively Reinstating Key Provisions

By Lindsay Burke, Dan Johnson & Christopher Walter on June 29, 2017

International Employment Earlier this week, the Supreme Court issued a ruling staying certain parts of the injunctions entered by the Fourth and Ninth Circuit Courts of Appeal against Executive Order No. 13780, the so-called “travel ban” Executive Order (the “Order”), and the State Department issued clarifying guidance last night. The effect of the Supreme Court ruling is to allow implementation of the Order to move forward with respect to foreign nationals from Iran, Libya, Somalia,…

Inside Government Contracts

Challenges and Priorities for the New Secretary of Labor

By Jeff Bozman, Susan B. Cassidy & Lindsay Burke on April 28, 2017

Alex Acosta was confirmed by the Senate to be the next Secretary of Labor. He now takes responsibility for several high-profile issues with critical implications for government contractors. As we have previously written, the Labor Department was an exceptionally active regulator from 2013 through the end of the Obama Administration. Although few of us expect that pace to continue, Secretary Acosta will have to balance two competing pressures. On one hand, the President has…

Inside Government Contracts

Confidentiality Agreements Continue To Pose Potential Compliance Trap for Contractors

By Kelley J. Barnett & Lindsay Burke on November 21, 2016

Federal contractors who require employees to sign confidentiality agreements—including those selling only commercial products or in small quantities—need to examine their agreements closely. For the last two years, the government has sought to prohibit confidentiality agreements that restrict employees’ ability to report fraud, waste, or abuse to “designated investigative or law enforcement representative[s]” for federal agencies authorized to receive that information.”[1] Most recently, the Department of Defense issued a new class deviation on…

Inside Government Contracts

Paid Sick Leave Final Regulations Released

By Jeff Bozman, Jennifer Plitsch, Lindsay Burke & Dan Johnson on October 4, 2016

The Labor Department’s Wage & Hour Division (“WHD”) released final regulations implementing mandatory paid sick leave for employees working on federal service, construction, and concessions contracts. The Labor Department incorporated some changes to the proposed regulations, which we previewed earlier this year, but the final rule still imposes significant obligations on federal contractors and subcontractors. The costs are likely to come both from the paid sick leave itself (a maximum of seven days per year)…

Inside Government Contracts

“Fair Pay and Safe Workplaces” Final Rule and Guidance Released

By Jeff Bozman, Jennifer Plitsch & Lindsay Burke on August 29, 2016

Just in time for Labor Day, the Labor Department and FAR Council issued a final rule and accompanying “Guidance” to implement the Fair Pay and Safe Workplaces Executive Order. The new regulations will take effect on October 25, 2016. The regulations—which run to nearly 900 pages—contain a number of changes from the proposed regulations to demonstrate that the Department listened to stakeholders during the lengthy comment period. Despite some concessions to industry comments,…

Inside Government Contracts

D.C. Circuit Declines to Extend Davis-Bacon Act

By Jeff Bozman, Scott A. Freling & Lindsay Burke on April 8, 2016

Some Washingtonians stroll through CityCenterDC on shopping sprees at “upscale retail stores such as Hermès, Boss, and Louis Vuitton,” or meet for lunch at “high-end restaurants such as DBGB and Centrolina.” Covington lawyers watch these scenes from our offices in the northwest corner of CityCenterDC, where we recently analyzed the D.C. Circuit’s opinion holding that we and our luxury-minded fellow tenants work in a mixed-use development that is not subject to the Davis-Bacon Act. The…

Lindsay Burke

DOL Publishes Proposal to Expand Overtime Protections

SCOTUS Upholds Employee Class Action Waivers in Epic Systems

No Tax Deductions for Sexual Harassment Settlements with Non-Disclosure Agreements

Cyber Risks in the Workplace: Managing Insider Threats

Supreme Court Narrows Nationwide Injunctions on Travel Ban Executive Order, Effectively Reinstating Key Provisions

Challenges and Priorities for the New Secretary of Labor

Confidentiality Agreements Continue To Pose Potential Compliance Trap for Contractors

Paid Sick Leave Final Regulations Released

“Fair Pay and Safe Workplaces” Final Rule and Guidance Released

D.C. Circuit Declines to Extend Davis-Bacon Act

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