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 Accordingly, the controversial “blacklisting” regulations are no longer in force.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.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
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
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!