Congress recently began the process to legislatively overturn the regulations implementing President Obama’s “Fair Pay and Safe Workplaces” Executive Order. Under the Congressional Review Act, Congress can dismantle regulations that were finalized in the waning days of a presidential administration. Our colleagues in the Public Policy & Government Affairs practice provide some details of the
Hours before the Fair Pay and Safe Workplaces final regulations were to take effect, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction to block most of the regulations, including the contentious disclosure provisions. In a 32-page order, Judge Marcia Crone enjoined two key sections of the regulations: (1) the requirement that federal contractors and subcontractors monitor and disclose violations of 14 federal labor laws and certain state laws; and (2) the prohibition on mandatory arbitration of claims arising under Title VII or involving claims of sexual assault or harassment. The court left in place the “paycheck transparency” section of the regulations, which will take effect on January 1, 2017. Relying on recent Fifth Circuit precedent that enjoined the Administration’s immigration policy nationwide, the court stated that this injunction also applied on a nationwide basis.
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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, the final regulations still establish substantial compliance obligations. In light of those burdens, the contracting community is well advised to invest time to understand these provisions. In this post, we summarize key changes and examine the way ahead for contractors. …
Continue Reading “Fair Pay and Safe Workplaces” Final Rule and Guidance Released