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ARTICLE · 02 SEPTEMBER 2016

Final Rule Implementing The Fair Pay And Safe Workplaces Executive Order Released

Jones Day
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An agency labor compliance advisor then analyzes the violations and advises the agency's contracting officer whether the contractor is responsible.

United StatesEmployment and HR
Jones Day
Jones Day
Terri Chase
Terri Chase
Eric Dreiband
Eric Dreiband
Willis Goldsmith
Willis Goldsmith
Michael Gray
Michael Gray
Brian Jorgensen
Brian Jorgensen
Brent D. Knight
Brent D. Knight
Matthew Lampe
Matthew Lampe
Alison Marshall
Alison Marshall
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On August 25, 2016, the Federal Acquisition Regulatory Council ("FAR Council") issued a final rule implementing President Obama's Fair Pay and Safe Workplaces Executive Order. At the same time, the Department of Labor released final guidance regarding the rule. The Executive Order, commonly called the "blacklisting order," seeks to require contractors to disclose adverse "labor law decisions." These decisions include administrative determinations, arbitral awards, civil judgments, and even mere findings and reasonable cause determinations. An agency labor compliance advisor then analyzes the violations and advises the agency's contracting officer whether the contractor is responsible. The purported purpose of the Executive Order is to improve contractor compliance with labor laws to increase economy and efficiency in federal contracting.

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