Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 23, 2017
The Firm
201-896-4100 info@sh-law.comFederal contractors can remove one onerous federal disclosure from their compliance obligations. President Trump recently issued an executive order rescinding the Fair Pay & Safe Workplaces Executive Order issued by the prior administration. Accordingly, the controversial “blacklisting” regulations are no longer in force.
Executive Order 13673 was designed to increase efficiency and cost savings in federal contracting by improving contractor compliance with labor laws. For procurement contracts for goods and services where the estimated value of the supplies acquired and services required exceeds $500,000, contractors were required to disclose violations of 14 basic workplace protections from the prior three years, including those addressing wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights protections. The Executive Order also required contracting officers to consider the decisions (including any mitigating factors and remedial measures), as part of the contracting officer’s decision to award or extend a contract.
The Executive Order also prohibited certain arbitration agreements. It specifically prohibited contractors and subcontractors who entered into contracts for non-commercial items over $1 million from entering into any mandatory pre-dispute arbitration agreement with their employees or independent contractors on any matter arising under Title VII as well as any tort related to or arising out of sexual assault or harassment.
Finally, the paycheck transparency provision of the Executive Order mandated that all covered contractors inform workers in each paycheck of the number of hours worked, overtime calculations (for non-exempt employees), rates of pay, gross pay, additions or deductions from pay, and whether they have been classified as independent contractors.
Legal challenges left many of the provisions in limbo for the past few years. In 2016, a U.S. District Court in Texas halted implementation of the employment law violation disclosure requirements and the restriction on arbitration agreements. However, the paycheck transparency provisions took effect on January 1, 2017.
Earlier this year, Congress passed a Congressional Review Act (CRA) Joint Resolution of Disapproval Fair Pay & Safe Workplaces Executive Order, which disapproved the regulations implementing the Fair Pay & Safe Workplaces Executive Order. Earlier this month, President Trump signed the resolution and issued his own executive order officially rescinding the federal contracting requirements
Based on the above legal developments, federal contractors may cease all implementation activities related to the labor law violation disclosure requirements. They also are no longer required to comply with the paycheck transparency provisions.
If you have any questions or if you would like to discuss the matter further, please contact me, Jorge R. de Armas or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!