Last summer, President Obama signed an executive order requiring prospective federal contractors to disclose to the contracting agency “any administrative merits decision, arbitral award or decision, or civil judgment” related to wage and hour, safety and health, collective bargaining, family and medical leave, or civil rights laws. The order, titled “Fair Pay and Safe Workplaces,” directed the secretary of Labor to develop guidance to assist agencies in determining whether labor law violations were issued for “serious, repeated, willful, or pervasive” offenses.
Under the proposed guidance, published in the Federal Register on May 28, virtually any determination from any labor and employment enforcement agency will trigger a federal contractor’s reporting requirement.
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