Government Contracts Legal Forum

Category Archives: Labor & Employment

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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

Primer on the New “Fair Pay and Safe Workplaces” Executive Order

Posted in Labor & Employment
On September 3rd, I had the pleasure of presenting on the “Fair Play and Safe Work Places” Executive Order (previously discussed here and here) at the Professional Services Council’s Labor Policy Committee Meeting. This EO, along with several other EOs focused on labor law compliance, is garnering significant attention in the contracting community. Hat tip to… Continue Reading

“Fair Pay and Safe Workplaces Executive Order” Increases Focus on Contractor Compliance With Labor Laws

Posted in Labor & Employment
On July 31, 2014, the Obama Administration issued a new Executive Order targeting contractor compliance with Federal labor laws.  While the order, dubbed the “Fair Pay and Safe Workplaces Executive Order,” aims to create several new obligations for contractors and subcontractors doing business with the Federal government.  In the coming months, the FAR Council and several other… Continue Reading

Guess What? You’re Now Subject to HIPAA (Yes, You!): The Broad Reach of HIPAA over Business Associates

Posted in Labor & Employment
With the HIPAA Final Rule now in place, business associates as well as subcontractors must comply with the entire Security Rule (among other aspects of HIPAA) and face direct liability for the failure to do so. Some entities may be surprised to learn they are subject to HIPAA given the recently expanded definition of “business… Continue Reading

OFCCP Seeks Input on Development of New Compensation Reporting Tool

Posted in Labor & Employment
Here they go again. Undeterred by the failure of the EO Survey five years ago, on August 10, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) published an Advance Notice of Proposed Rulemaking (“ANPRM”) soliciting public feedback on development of a new compensation data collection tool.  According to the ANPRM, this data collection is intended to… Continue Reading

Could You be Caught in DOL’s Expansive Definition of a Government Subcontractor?

Posted in Labor & Employment
It is common knowledge that performance of government contracts requires the contractor to comply with a range of clauses not found in commercial contracting, which are included to advance the federal government’s social and economic policies. For example, the Equal Opportunity clause (FAR 52.222-26) prohibits government prime contractors from discriminating based on race, color, religion, sex,… Continue Reading

DoD Implements Restrictions on Employee/Contractor Agreements Requiring Arbitration

Posted in Labor & Employment
On May 19, 2010, DoD issued an interim rule implementing Section 8116 of the FY2010 Defense Appropriations Act. This rule, which does not apply to commercial items, prohibits use of appropriated funds for contracts, task/delivery orders, or bilateral modifications in excess of $1 million, unless the contractor agrees not to enforce, or enter into, agreements with… Continue Reading