Georgia Tech Procurement Assistance Center

President puts last nail in coffin to eliminate ‘blacklisting’ rule for federal contractors

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President Donald Trump on Monday signed a joint resolution shutting down an Obama administration-era rule that supporters said evened the playing field for law-abiding contractors, but which the current administration said amounted to “blacklisting” easy targets.

House Joint Resolution 37 stated that Congress “disapproves” the Fair Pay and Safe Workplaces rule  and “such rule shall have no force or effect.”

H.J. Res. 37 was part of a package of resolutions signed March 27 by President Trump, which “roll back job killing rules,” said White House Press Secretary Sean Spicer during a press briefing earlier in the day.

Keep reading this article at: http://federalnewsradio.com/industryassociations/2017/03/trump-signs-joint-resolution-to-roll-back-blacklisting-rule-for-federal-contractors/

Contractors applaud House vote to kill fair pay, safe workplace rule

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Two major contracting groups hailed House passage on Thursday (Feb. 2, 2017) of a long-expected resolution to undo the Obama administration’s 2014 “Fair Pay and Safe Workplaces” order requiring contractors to report past violations of 14 labor laws.

House joint resolution 37, sponsored by Rep. Virginia Foxx, R-N.C., declares that the implementation rule submitted in August by the Defense Department, General Services Administration, and NASA relating to the Federal Acquisition Regulation (FAR) has no effect.

It passed 236-187 amid a series of votes using the 1996 Congressional Review Act to nullify regulations enacted in the past 60 days. (Other rules involved streams protection, land management royalties and Social Security rules on gun purchase background checks for people with mental disabilities.)

“We welcome the House action,” said David Berteau, president and CEO of the 400-member Professional Services Council, in a statement. “The blacklisting rule fails to provide companies with basic due process, imposes significant new and non-value added reporting requirements, and risks denying federal buyers access to the best private-sector providers to meet government needs. With the disapproval of this rule by the House, and we hope with prompt action by the Senate and then signature by the president, a significant overhang will be removed from the acquisition process.”

Keep reading this article at: http://www.govexec.com/contracting/2017/02/contractors-applaud-house-vote-kill-obama-fair-pay-safe-workplace-rule/135140

‘Fair Pay, Safe Workplaces’ rule for federal contractors appears endangered

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DOLAmong the many Obama administration regulations that President-elect Trump plans to eviscerate could be the “Fair Pay and Safe Workplaces” rule the Labor Department finalized in August.

Labor’s goal was to protect workers against abuses such as wage theft and health violations by instituting additional disclosure and reporting requirements for federal contractors concerning their compliance with 14 labor laws. Industry viewed the impact as a burdensome “blacklisting” of contractors whose reputations, in some cases, could suffer from unproven allegations of past worker abuse.

In October, a Texas district judge issued a preliminary injunction blocking parts of the rule in response to a suit brought by a chapter of the Associated Builders and Contractors. The judge decided that the rule’s reporting requirements reach beyond executive authority and are otherwise preempted by federal labor laws. She left only the paycheck transparency provisions intact to take effect Jan. 1, 2017.

Keep reading this article at: http://www.govexec.com/contracting/2016/11/obamas-fair-pay-safe-workplaces-rule-federal-contractors-appears-endangered/133436

TX judge issues preliminary injunction blocking contentious Fair Pay and Safe Workplaces rule

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fpsw-rule-oct-2016The U.S. District Court for the Eastern District of Texas issued a preliminary injunction last week against the Fair Pay and Safe Workplaces rule, which opponents have dubbed the “blacklisting” rule.

The judge’s action blocks the Obama Administration’s regulation, which requires that contractors seeking federal work disclose recent labor law violations, from taking effect Oct. 25th, as originally scheduled.

In the decision, Judge Marcia A. Crone said the groups that initiated the suit earlier this month — including the Associated Builders and Contractors — had “properly demonstrated immediate and ongoing injury to their members if the rule is allowed to take effect,” according to Politico.

Read more here: http://www.constructiondive.com/news/tx-judge-issues-preliminary-injunction-blocking-contentious-fair-pay-and-sa/429005/ 

See Politico article here: http://www.politico.com/tipsheets/morning-shift/2016/10/texas-judge-blocks-contractor-rule-217046 

 

5 steps to compliance with the fair pay and safe workplaces rules

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The much-anticipated so-called federal contractor “blacklisting” rules and guidance (“Final Rule” and “Guidance”) were published in the federal register on August 25, 2016. The Final Rule becomes effective on October 25, 2016 and imposes four new legal obligations on covered federal contractors, which will be phased in over the next year (starting as early as October 25, 2016).

It is important to also note that this is being phased in via Federal Acquisition Regulation (“FAR”) solicitation and contract provisions. This means that the Final Rule “becomes effective” by beginning to appear in new solicitations issued on or after October 25, 2016. This should not dampen a company’s concern and speed of progressing through the steps below and determining and pursuing compliance, but it is critical to understand and follow the specific path of obligation.

  • First, federal contractors will have to disclose “labor law decisions” both before and after contract award. The federal government will use these disclosures in making their “responsibility” determinations – the determination of whether the contractor is a responsible source to whom a contract may be awarded.
  • Second, contractors must give a wage statement to employees containing for each workweek the number of hours worked, the number of overtime hours, rate of pay, and additions to and from gross pay, and total gross pay.
  • Third, contractors must provide written notice to independent contractors informing them that they are independent contractors and not employees.
  • Fourth, contractors can no longer enter into agreements with employees or independent contractors that require arbitration of claims under Title VII of the Civil Rights Act (includes discrimination and retaliation claims based on race, color, religion, sex and national origin) or sexual harassment claims.

Federal contractors will need to become quick studies of the Final Rule and Guidance in order to begin developing procedures to ensure compliance as these requirements phase in over the next year.

Keep reading this article at: http://www.directemployers.org/2016/09/20/five-steps-compliance-fair-pay-safe-workplaces-final-rule/

Government releases final rule implementing ‘blacklisting’ law

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The final rule and guidance implementing the Fair Pay and Safe Workplaces Executive Order, signed by President Barack Obama in July 2014 and finally published on August 25, 2016, remain almost as burdensome and problematic as they were when originally proposed. They will impact many federal contractors and require immediate attention to ensure full compliance, which for some will be required as soon as October 2016.

President Barack Obama signs the "Fair Pay and Safe Workplace" executive order in the Eisenhower Executive Office Building South Court Auditorium, July 31, 2014. The President is joined on stage by Labor Secretary Thomas Perez as well as employers who support fair labor practices, workers who have seen firsthand the effects of workplace violations, and advocates who have worked to improve fair pay and safety standards. (Official White House Photo by Pete Souza)
President Barack Obama signs the “Fair Pay and Safe Workplace” executive order in the Eisenhower Executive Office Building South Court Auditorium, July 31, 2014. The President is joined on stage by Labor Secretary Thomas Perez as well as employers who support fair labor practices, workers who have seen firsthand the effects of workplace violations, and advocates who have worked to improve fair pay and safety standards. (Official White House Photo by Pete Souza)

Often referred to as the “blacklisting” law, the Executive Order requires prospective and existing contractors to disclose violations of 14 federal labor laws plus state equivalents, requires them to provide certain information each pay period to enable workers to verify the accuracy of their pay, and prohibits certain contractors from using pre-dispute arbitration agreements to address sexual assault and civil rights claims.

The rule from the Federal Acquisition Regulatory Council (U.S. Department of Defense, U.S. General Services Administration and NASA) and guidance from the U.S. Department of Labor (USDOL) are designed to assist agencies in implementing the Executive Order. They detail procedures for making the disclosures, assessing violations, developing conditions for further consideration of bids, and providing required notices to workers.

The final rule and guidance remain burdensome and problematic for several reasons.  First, they create a publicly available repository of contractor violations. They also require the contracting officer to determine whether a contractor is a “responsible source” based on violations that may not be final or are subject to appeal. Moreover, contracting officers wield the power to require bidders with records deemed less-than-satisfactory to commit to a labor compliance agreement in order for their bids to be considered. Although some minor changes were made to the proposals between the initial release and ultimate finalization, the overall effect remains the same.

Keep reading this article at: http://www.mondaq.com/unitedstates/x/523316/employee+rights+labour+relations/Government+Releases+Final+Rule+Implementing+Blacklisting+Law

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