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ARTICLE · 09 NOVEMBER 2016

Labor Violation Reporting Requirement Suspended – For Now

Reinhart, Boerner, Van Deuren SC
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Just hours before taking effect on October 25, 2016, a federal district court in Texas halted the enforcement of new rules requiring many potential federal contractors to disclose recent violations...

United StatesEmployment and HR
Robert Driscoll
Robert Driscoll
Christopher Schuele
Christopher Schuele
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Just hours before taking effect on October 25, 2016, a federal district court in Texas halted the enforcement of new rules requiring many potential federal contractors to disclose recent violations of federal labor law before securing a government contract. Although the decision marks a victory for potential federal contractors, the victory may only afford them a temporary reprieve.

The 2014 "Fair Pay and Safe Workplaces" Executive Order requires many potential federal contractors and subcontractors bidding on contracts worth more than $500,000 to publically disclose any violations of federal labor law committed over the past three years. Notably, the Executive Order considers all nonfinal administrative merits determinations as "violations" regardless of the severity of the alleged violation, whether a government contract was involved, and regardless of whether a hearing had been held or an enforceable decision issued. Based on these disclosures, contracting

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