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ARTICLE · 29 JUNE 2015

New Human Trafficking Rules: Broad Scope, Uncertain Application

Contractors already have begun to notice the inclusion of the new human trafficking FAR contract clause, required to be incorporated into all new federal government contracts.

United StatesGovernment, Public Sector

Contractors already have begun to notice the inclusion of the new human trafficking FAR contract clause, required to be incorporated into all new federal government contracts. The rule imposes affirmative duties on federal prime contractors as well as subcontractors.

Executive Order 13627 created a new government anti-trafficking policy. The policy prohibits employment practices such as failing to communicate terms and conditions of employment in a language accessible to the employee, restricting access to immigration documents, using employment recruiters who do not comply with local labor laws, and charging employee recruitment fees.

The resulting FAR provisions, implemented earlier this year, require all prime contractors to notify their employees and agents of the government's new anti-trafficking policy, as well as disciplinary action that will be taken against individuals who violate the policy. Primes are required to flow down these rules in their

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