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Category Archives: Labor & Employment

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New Requirements under Fair Pay and Safe Workplaces Become Effective October 25. Is Your Company Prepared?

Posted in Labor & Employment
Starting on October 25, many new solicitations will contain the new clauses required under the Fair Pay and Safe Workplaces Final Rule.  These new clauses will impose significant new compliance and reporting obligations on federal contractors (and eventually on subcontractors). In a “feature comment” published in the Government Contractor, C&M attorneys provide an overview of… Continue Reading

Primer on the “Fair Pay and Safe Workplaces” Final Rule and Department of Labor Guidance

Posted in Labor & Employment
Many federal government contractors and subcontractors have expressed valid concerns about the new “Fair Pay and Safe Workplaces” final rule (and accompanying Department of Labor guidance), which among other things will require companies bidding on covered contracts and subcontracts to disclose “administrative merits determinations,” “arbitral award or decisions,” and “civil judgments” rendered against the company… Continue Reading

Fair Pay and Safe Workplaces Final Rule and Guidance Released

Posted in Labor & Employment
On August 25, 2016, the Obama Administration published the long-awaited Federal Acquisition Regulation (FAR) final rule and Department of Labor (DOL) final guidance implementing the “Fair Pay and Safe Workplaces” executive order (“Executive Order”) (available here and here). The underlying executive order has been amended (available here) with purportedly technical corrections to conform the final… Continue Reading

Significant Developments for Contractors in the Twilight of the Obama Administration

Posted in GSA Schedule/Commercial Items, Labor & Employment, Legal Developments
The final year of the Obama Administration has seen a flurry of activity that will affect the government contracting community.  Appearing on WJLA’s Government Matters program (available here at govtmatters.tv), Crowell & Moring Chair Angela Styles discussed some of the latest changes that will impact industry including the GSA’s final rule on transactional data reporting;… Continue Reading

OOPS 2016 Starts Tomorrow!

Posted in Cost/Cost Accounting, Cybersecurity, Events, Labor & Employment
We’ve wrapped up our preview posts, which gave a sneak peek at a few of tomorrow and Thursday’s OOPS panels including cybersecurity (OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules), costs & accounting OOPS Preview: Cost & Accounting: Items at the Top of the Ledger) , and labor and employment (OOPS Preview:… Continue Reading

Administration Walks Back “Economic Significance” Designation of New Rules

Posted in Labor & Employment, Legal Developments
In the latest twist to the Administration’s roll-out of the new “Fair Pay and Safe Workplaces” rules, OIRA now identifies the rules as Economically Significant (a change from several days ago, discussed here), which means that the administration will have to provide a more detailed assessment of the likely benefits and costs of the regulatory… Continue Reading

OOPS Preview: Executive Actions: How Do Contractors Deal with Labor-Related Burdens?

Posted in Events, Labor & Employment
With national elections just around the corner, the steady drumbeat of new labor-related requirements has not waned.  Indeed, four national trade associations wrote to the White House in August requesting “that no further presidential directives primarily focused on government contractors be issued for the foreseeable future.”  The letter cited the 16 contractor-focused regulations issued by… Continue Reading

Wait, What? Administration Now Designates “Fair Pay and Safe Workplaces” as Not Economically Significant

Posted in Labor & Employment, Legal Developments
In a sign that the Obama Administration may be preparing to rush the publication of the FAR Council’s final rules implementing the “Fair Pay and Safe Workplaces” executive order in order to avoid timing problems associated with the Congressional Review Act, the White House’s Office of Information and Regulatory Affairs (responsible for reviewing the rules… Continue Reading

“Fair Pay and Safe Workplaces” Rules Head to White House for Final Review

Posted in Ethics & Compliance, Labor & Employment
On May 4, 2016, the FAR Council’s draft final rules and the Department of Labor’s draft final guidance implementing the “Fair Pay and Safe Workplaces” Executive Order arrived at the White House’s Office of Information and Regulatory Affairs (OIRA) for review, setting in motion the final steps prior to the issuance of burdensome new compliance… Continue Reading

Preparing for Fair Pay & Safe Workplaces — Previewing Violation and Remediation Information with the Government

Posted in Labor & Employment
By now, government contractors are largely aware of the information gathering and reporting requirements of the Fair Pay & Safe Workplaces Proposed Rule (“Fair Pay”), but whether and how to package the information proactively for the government has received less attention. Contractors would also be well served to consider their messaging and outreach efforts in… Continue Reading

Gesundheit: Proposed Rule Would Mandate Paid Sick Leave for Federal Contractors

Posted in Labor & Employment
On February 25, the Obama Administration published a proposed rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors (previously discussed here). The proposed rule, which the Department of Labor estimates would impact 828,000 federal contractor employees (including approximately 436,700 employees who currently receive no paid sick leave and 391,400 employees who receive… Continue Reading

Not So Fast: Congress Gives DoL the Heisman on “Fair Pay” Funding

Posted in Labor & Employment
The FY 2016 Omnibus Appropriations bill, passed on December 18, 2015, did not appropriate funds to establish an Office of Labor Compliance within the Department of Labor in order to implement the “Fair Play and Safe Workplaces” Executive Order, as requested by the Obama Administration. By declining to appropriate the requested funds, Congress pumped the… Continue Reading

Save the Date: Final Rule for Fair Pay and Safe Workplaces Set For April 2016

Posted in Labor & Employment
On Nov. 19, 2015, OMB released the fall 2015 regulatory agenda of regulations currently under development, listing April 2016 as the target for publication of the final rule implementing the “Fair Pay and Safe Work Places” executive order. The final rule, which is likely to be challenged in court by contractors and industry trade groups,… Continue Reading

Nothing to Sneeze at: Obama Administration Issues 13th EO Targeting Federal Contractors

Posted in Labor & Employment
On September 7, the Obama Administration issued a new executive order requiring that federal government contractors provide paid sick leave to employees, the latest in a series of EOs targeting federal contractors, which have to date resulted in 16 new regulations (previously discussed here, here and here).  According to the White House, “[b]eginning with new… Continue Reading

Under Siege: Trade Associations Rap White House for Flood of EOs Targeting Contractors

Posted in Labor & Employment
In an August 3 letter to the White House, four trade associations (the AIA, PSC, NDIA, and ITIC) requested “on behalf of the thousands of companies … that no further presidential directives primarily focused on government contractors be issued for the foreseeable future.”  The letter (linked here) cited a dozen recent executive orders related to… Continue Reading

Comment Period for “Fair Pay and Safe Workplaces” Extended Again

Posted in Labor & Employment
In an August 3 letter to eight committee and subcommittee chairs, the FAR Council and the Department of Labor indicated that the comment period for the “Fair Pay Safe Workplaces” proposed FAR Rule and related DOL Guidance would be extended to August 26 (from the current date of August 11, 2015).  On July 15, as… Continue Reading

Congressional Committee Chairs Request that OFPP and DoL Withdraw “Fair Pay” Proposed Rule and Guidance

Posted in Labor & Employment
On July 15, 2015, the Chairmen of the House committees of jurisdiction sent a letter to Labor Secretary Tom Perez and OFPP Administrator Anne Rung regarding the “Fair Pay and Safe Workplaces” Proposed Rule and Guidance.  Citing the myriad legal, procedural and substantive flaws in the EO and resulting Proposed Rule and Guidance (previously discussed… Continue Reading

Fair Pay & Safe Workplaces Comment Period Extended

Posted in Labor & Employment
For government contractors, subcontractors, and service providers interested in providing public comments on the Fair Pay & Safe Workplaces proposed rule, the comment period now expires August 11. See here for details: http://www.regulations.gov/#!documentDetail;D=FAR-2014-0025-0017 Fair Pay & Safe Workplaces, if passed as proposed, would impose a rolling set of internal data gathering and reporting obligations on… Continue Reading

FAR Council and DOL Extend “Fair Pay and Safe Workplaces” Comment Period

Posted in Labor & Employment
In response to several requests from industry to extend the a 60-day comment period for the proposed rulemaking (NPRM) and guidance implementing the “Fair Pay and Safe Workplaces Executive Order,” the FAR Council and the DoL have extended the comment period to August 11, 2015 (from the current date of July 27, 2015). As discussed… Continue Reading

Join Crowell & Moring for a Webinar on the New “Fair Pay and Safe Workplaces” Proposed Rule and Guidance

Posted in Labor & Employment
Please join us on Wednesday, June 10, 2015, from 1:00 p.m. – 2:00 p.m., as Crowell & Moring presents the webinar, “Fair Pay and Safe Workplaces Proposed Rule and Guidance: What You Need to Know.” On May 28, 2015, the Obama Administration published the highly-anticipated proposed FAR rule and proposed DOL guidance implementing the Fair… Continue Reading

Obama Administration Issues Proposed Rule and Guidance for Implementing “Fair Pay and Safe Workplaces”

Posted in Labor & Employment
On May 28, 2015, the Obama Administration published the highly-anticipated Proposed Rule and Proposed Guidance implementing the “Fair Pay and Safe Workplaces” Executive Order, (E.O.) which President Obama issued on July 31, 2014. The proposed rule adds a new subpart to the Federal Acquisition Regulations (FAR) – subpart 22.20 “Fair Pay and Safe Workplaces” –… Continue Reading

OMB and DoL Direct Agencies to Appoint Labor Compliance Advisors Pursuant to “Fair Pay” EO

Posted in Labor & Employment
On March 5, OMB and DoL circulated a Memorandum to federal agencies regarding the “Fair Pay and Safe Workplaces” Executive Order (previously discussed here, and here), providing “guidance” with respect to the Labor Compliance Advisor role created by the EO, and directing agencies to designate within 90 days a senior-level official to serve as LCA. … Continue Reading

OFCCP Issues New Rule Prohibiting Discrimination On Basis of Sexual Orientation and Gender Identity, More Guidance to Come

Posted in Labor & Employment
On December 9, 2014, the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor (DOL) issued a final rule implementing the President’s July 2014 Executive Order 13672, which prohibits federal contractors from discriminating on the basis of sexual orientation or gender identity. The rule requires contractors and subcontractors to add “gender identity” and… Continue Reading