News and Articles

Fair Pay and Safe Workplace Executive Order to Impose Greater Scrutiny on Federal Contractors

Yogi Patel - Thursday, September 08, 2016

 

On August 25, 2016, the Department of Labor and the Federal Acquisition Regulatory Council issued the final rule implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). Initially signed by President Obama in July 2014, the Order will bar contractors that violate federal and state workplace protection laws from receiving federal contracts. Under the Order, contractors and subcontractors must disclose labor law violations that occurred within the last three years, information which will then be used in considering contract awards. Once a contract is awarded, contractors and subcontractors are required to provide updated information every six months, and the contracting officer will use the new information to determine whether to continue the contract or not.

The final rule will become effective on October 25, 2016, with certain provisions gradually phasing in over the next few years. Generally speaking, under the Order, contractors and subcontractors that bid on contracts with a value of $500,000 or more will be required to disclose labor violations relating to workplace safety, discrimination, labor organizing rights, minimum wage, and overtime hours, among others. Contracting officers, with the guidance of a Labor Compliance Advisor, will assess contractor’s violations to determine whether they rise to the level of a lack of integrity or business ethics. Depending on the circumstances, violations may result in penalties, including rejection of the bid, termination of existing contracts, referral to another agency, such as the Department of Labor or the Equal Employment Opportunity Commission for investigation, or referral for suspension and disbarment.

The Order also includes the Paycheck Transparency Clause, which requires contractors to provide accurate wage, hour, and other information relevant to workers’ paychecks. Contractors must also provide non-employees with written notice of their status as independent contractors. Finally, the Order prohibits contractors and subcontractors with bids exceeding $1 million from requiring workers to sign agreements to arbitrate Title VII claims or any tort related claim related to or arising out of sexual harassment or sexual assault.

Implementation will be carried out on a phased-in schedule based upon the size of a contract. As of October 25, 2016, disclosure and assessment of labor law compliance will be required for prime contractors with solicitations of $50 million or more. On April 25, 2017, the disclosure and assessment requirements will apply to contractors with a contract value of $500,000 and up. And by October 25, 2017, the requirements will also apply to subcontractors with a contract value of approximately $500,000.

The prohibition on mandatory arbitration for Title VII and sexual assault related claims will become effective October 25, 2016, however, the paycheck transparency requirements won’t be implemented until January 1, 2017.

The three-year look-back period for labor violations will also be implemented on a phased-in basis. Until October 25, 2017, contractors and subcontractors will only need to report labor violations that occurred within the preceding year. On October 25, 2017, the look-back period increases to two years, and then three years starting October 25, 2018.

Prior to offering a bid for a federal contract, contractors and subcontractors are advised to seek legal counsel to evaluate their current disclosure obligations and prepare for the Contracting Officer’s evaluation. Likewise, employers with federal contracts exceeding $1 million should review with an attorney any current arbitration agreements to ensure they are not in violation of the Order.

Overall, proponents of the Fair Pay and Safe Workplaces Executive Order hope that by rewarding businesses and individuals that comply with labor laws, there will be a significant improvement in workplace standards for the approximately 28 million employees and thousands of government contractors that the Order will affect.

This article is not intended to be nor should be construed as legal advice. As with any issue, business and individuals should seek the advice of counsel for their own particular needs.


 


Recent Posts


Tags

Employment Contracts Fair Chance Act Apple vs. FBI Fair Labor Standards Act (FLSA) EEOC Filing Requirement NYC Sexual harrassment law Executive Negotiation NYC Salary History Law Trademark Law Employer Mandate Fair Play to Pay Act Alter-Ego Doctrine Interview Series federal Department of Labor Firm Announcements Pregnancy Domain Name Business Web Domains #meToo NQSO AirBnB Negotiating NY payroll law Worker's Rights Employee Salary Histories ACA Sexual Harassment policy Overtime Exemptions Nobel Prize Nanny Audit Credit Checks Department of Labor NLRB Health Care Public-Sector Union Fees Fair Work Week Legislation stocks Westchester County implementing new leave laws Interns as Employees Illegal rentals Fair Labor Standards Act Immigration Status Freelance Isn't Free I-9 Verification Tax-Deferred Savings Transgender protections Technology Non-Qualified Stock Options sexual harassment training Glatt v. Fox Searchlight Pictures Arbitration Agreements Payroll Scams Facebook Privacy and Litigation Housing Law Interns Workplace Requirements Westchester Safe and Sick Time Laws New Address Affordable Care Act Employment Offer/Agreement Unionization Fair Workweek Law Overtime Rules Unions Hairstyle Discrimination Landlord-Tenant Law Business Law Right to Unionize Trade Secrets Act Start-up Ventures drug testing National Labor Relations Act NYC Human Right's Law's Real Estate Law Privacy Federal Acquisition Regulatory Council Attracting Investment workplace discrimination Newsletter New York Earned Sick Time Act Security Lactation Law Human Rights Law Credit Sexual Harassment Federal Overtime Law Criminal Record Intellectual Property Mandatory Class Action Waivers Federal Contractors Womens Rights Household Employees Trademark licensing Glatt v. Fox Searchlight Pictures, Inc. Minimum wage Postnup LinkedIn Divorce Prenup U.S. Department of Labor Independent Contractor employment discrimination lawsuits New York City Human Rights Law Joint-Employer Relationship National Labor Relations Board Fair Pay and Safe Workplace Executive Order Ban the Box Browning-Ferris Case Executive Severance Wage Theft Protection Act graduate students Credit History Selling Business entrepreneur Employment Law Internet Law $15 Minimum Wage Trade Secrets Corporate Law commuter benefits Paid Family Leave marijuana usage

Archive

EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style

description

  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text

 

Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.