Labor

On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published proposed regulations that create additional obstacles for offerors seeking to obtain government contracts.  As we previously discussed, these regulations implement the “Fair Pay and Safe Workplaces” Executive Order 13673 that President Obama signed on July 31, 2014.  The regulations, which were accompanied by and incorporate proposed implementing guidance published by the Department of Labor (DOL), would amend the FAR to require contractors to disclose certain labor law violations when submitting bids for federal work.  The purpose of the Executive Order and proposed regulations is to advance the longstanding principle that contractors must be responsible in order to conduct business with the federal government.  The government’s goal is to promote and maintain economy, efficiency, and integrity in the procurement process by only awarding contracts to contractors who comply with labor laws. 
Continue Reading Proposed “Fair Pay and Safe Workplaces” Regulations Clarify New Responsibilities for Government Contractors

On April 10, the Federal Acquisition Regulatory Council issued an interim rule “amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O. 13672) . . . and a final rule issued by the Department of Labor.”  As we previously blogged, Department of Labor’s (DOL’s) final rule implements E.O. 13672 and effectively “prohibit[s] discrimination on the bases of sexual orientation and gender identity in the federal contracting workforce.”  Despite the April 10 issuance of this interim rule, the DOL regulation actually became effective on April 8 of this year.
Continue Reading FAR Council Issues Interim Rule Implementing LGBT Protections

Over the past year, we have been tracking the uptick in executive and regulatory actions affecting the labor and employment practices of government contractors.  Last Friday, the D.C. Circuit upheld one of those regulations.  The decision concludes the first skirmish in what promises to be a lengthy and high-stakes legal battle involving industry, Congress, and the Administration.
Continue Reading D.C. Circuit Upholds Employment Regulations

President Obama recently issued two Executive Orders designed to ensure that federal contractors maintain strict compliance with various labor-related laws and regulations if they wish to remain eligible for federal contracts.  Taken together, these Executive Orders place significant new compliance burdens on federal contractors.  Please see our attached article for an in-depth analysis of these