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  • 11/30/2015
  • Five minute late filing sinks appeal

    Five minutes in the grand scheme of things does not sound like a long time. It’s not enough time to get a haircut, run to the store, or even wash the dishes. Five minutes is .000038ths of 90 days. But when it comes to deadlines for timely appeals, five minutes becomes very important.

    Judge Daniels indicated that “our rules regarding filing of appeals of contracting officer decisions mean what they say and are to be construed strictly. A notice of appeal which was filed later than the ninetieth day after the contractor’s receipt of a contracting officer decision … must be dismissed for lack of jurisdiction.”  That is true whether the filing is one minute late, five minutes late or one month late.

  • 11/05/2015
  • The Internet is Not a Lawyer

    Under some laws–for example, the Fair Labor Standards Act, which governs minimum wages and overtime pay–courts are instructed to impose more stringent penalties if they find that a violation was “willful.” An FLSA violation is willful if the employer showed reckless disregard for whether its conduct was prohibited by the statute. In contrast, an employer that violated the FLSA but can show that it made good faith efforts to ascertain its legal obligations may pay less in back wages. In effect, if you make an effort to understand and comply with the law you get bonus points for good behavior.

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