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July 2018 Government Affairs Update

Posted By Bill Rivers, Thursday, July 12, 2018

The past two months have seen a number of developments affecting our industry. Foremost among them is the Dynamex v. California decision. A group of California based Language Service Companies, led by DLS Interpreting’s CEO, Naomi Bowman, has been working to understand the case, its implications, and how to respond. JNCL-NCLIS and ALC are working with Naomi and her colleagues, many of whom are owners of  ALC member companies, to address this challenge.

For ALC, and for the language industry, it’s time to get smart about employee classification. While we work in DC to push for a clear path to compliance, and for sensible regulations, especially in terms of the Unemployment Act and its implementation at the state level (which drives the vast majority of employee classification issues), ALC members should avail themselves of the resources on the ALC website, and should definitely plan on attending the ALC Washington Leaders’ Forum on August 8th at the Omni Shoreham in Washington, D.C., as well as the UnConference in Huntington Beach, January 17-19, and next year’s ALC Conference, May 1-4, also in Washington, D.C. JNCL-NCLIS is partnering with ALC in the Washington Leaders’ Forum, and will be partnering on advocacy events at both the UnConference and the Annual Conference. But there’s more - the UnConference allows you to network with other C-level leaders to learn and improve, and the Annual Conference has featured employee classification and labor law issues for the past several years. We owe ALC do-founder Bill Graeper a huge debt for raising this issue some 15 years ago, and staying on it for so long, but now is the time to get smart!

In more positive news, the Promoting Value Based Procurement Act of 2017 has been incorporated into the House version of the National Defense Authorization Act for 2019, in shortened form. The key provision reads:

(c) AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION CRITERIA IN CERTAIN PROCUREMENTS.—To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of—
(1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services;

This applies to the whole Federal Government, and has been passed by the House of Representatives. Our next step will be to demonstrate to the Congress that what we do is indeed a “knowledge-based professional service,” and that work begins with you on August 8th!


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