Human Resource & Labor News
www.agc.orgNovember 8, 2016 / Issue No. 05-16
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On the Inside
Federal Contracting
Webinar: Federal Contractors, Get Ready for the New Paid Sick Leave Rule!
Labor Department Publishes Final Rule on Paid Leave for Federal Contractors
Court Halts Key Provisions of “Fair Pay and Safe Workplaces” Implementation
Minimum Wage for Federal Contractors Increases to $10.20
Labor Relations
Benefit Funds Can Seek Contributions from Independent Contractor that Signed “Me-Too” Agreement 17 Years Earlier
Equal Employment Opportunity
OFCCP Expands Focus on Construction Mega Projects
EEOC Announces New Enforcement Priorities
New EEO-1 Report Finalized, First Report Due March 2018
Hiring Practices
DOJ Published Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements
Court Halts Key Provisions of “Fair Pay and Safe Workplaces” Implementation
 

On October 24, the U.S. District Court in the Eastern District of Texas granted a request for preliminary injunction against parts of the Obama Administration's implementation of the Fair Pay and Safe Workplaces, or "Blacklisting" as it is known, Executive Order. As a result, federal contractors will not—at this time—be required to report labor law violations with their bids on federal contract solicitations and awards.  In addition, the court temporarily halted the federal government from enforcing the order's requirement regarding contractor arbitration agreements with employees covering disputes arising out of sexual assault or harassment disputes, among other things. The court, however, did not bar implementation of the order's paycheck transparency requirements scheduled to take effect on January 1, 2017.

The Obama Administration will very likely take steps to counter this court order. The situation, therefore, remains fluid. It is unclear how long implementation of this Executive Order and its various requirements will be delayed. The court order certainly delays implementation of the labor law violation reporting for solicitations on contracts exceeding $50 million issued on or after October 25 and the arbitration agreement requirement also scheduled to take effect October 25. Nevertheless, it remains undetermined how or if this court order will impact other implementation deadlines. To review when those deadlines as currently scheduled, see AGC's comprehensive review of the EO here.

AGC and other business groups are currently determining how best to proceed, including whether to file another case separately and/or bolster the current legal challenge. Ultimately, AGC's goal remains not only temporary relief, but the complete dismantling of this unconstitutional executive order and its unnecessary regulatory regime.

For more information, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org.
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