Yesterday (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the “Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order, better known as the Blacklisting Rule. The same day, President Trump issued a new Executive Order – The “Presidential Executive Order on the Revocation of Federal Contracting Executive Orders” – officially revoking the Fair Pay and Safe Workplaces Executive Order.
EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements
Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect. The Rule prohibits the government from contracting with companies that require employees or subcontractors to sign “internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.” The commentary to the Rule explains that “designated” representatives are employees of the applicable agency’s Office of Inspector General. The Rule applies to all solicitations and contracts (including contracts for Commercial Off-the-Shelf items (“COTS”)) using fiscal year 2015 funds or funds from any subsequent fiscal year.
Effective January 1, 2017: New Federal Contractor Paycheck Transparency, Independent Contractor Notice, and Paid Sick Leave Obligations
On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect. Below we summarize the key elements of these new regulatory requirements.
BREAKING: FEDERAL JUDGE ENJOINS IMPLEMENTATION OF PART OF FAIR PAY AND SAFE WORKPLACES (“BLACKLISTING”) EXECUTIVE ORDER, REGULATIONS, AND GUIDANCE
On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas enjoined the implementation of almost every provision of the Rule. Specifically, Judge Crone enjoined the implementation of the Rule’s new labor law violation reporting requirements and the Rule’s arbitration agreement restrictions. Judge Crone declined to enjoin the paycheck transparency provisions, which go into effect on January 1, 2017.
Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016
On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern District of Texas. The lawsuit, seeks a preliminary injunction preventing implementation of the Rule, declaratory judgment declaring the Rule invalid, and an order vacating the Rule. A hearing on the plaintiffs’ motion for preliminary injunction will be heard by District Judge Marcia Crone on October 21, 2016.
Rule Governing Paid Sick Leave for Federal Contractors Completes OMB Review Process
As reported today in Politico, the rule effectuating Executive Order 13706 (the “Order”), which requires certain federal contractors and subcontractors to provide their workers up to seven days of paid sick leave annually, has completed the Office of Management and Budget (“OMB”) review process. Our previous blog posts on
Proskauer Hosts Webinar On New “Blacklisting” Regulations
On September 13, 2016, Proskauer Partners Connie Bertram and Guy Brenner hosted “The Final Blacklisting Regulations: What Contractors Need to Know” webinar as a follow-up to our blog post “FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplace”. For
BREAKING NEWS: FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order, Effective October 25, 2016
Today, the Federal Acquisition Regulations Council (“FAR Council”) and the U.S. Department of Labor (“DOL”) issued its Final Rule and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”), commonly referred to as the “blacklisting” rule. In total, the Final Rule, Guidance, and accompanying commentary totaled nearly
BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order
Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule. The Order imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation
Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval
On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”). The Order, often referred to as the “blacklisting regulation,” imposes additional disclosure and compliance obligations on federal government contractors