Blacklisting

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On March 27, 2017, President Trump signed H.J. Res. 37, blocking the Fair Pay and Safe Workplaces Rule, the controversial rule enacted by the Federal Acquisition Regulatory (FAR) Council in August 2016, that legislators have criticized as a method to blackball federal contractors. The bill’s signing follows the U.S. Senate’s March 6, 2017 vote of 49-48 (along party lines) to formally disapprove of the rule.
Continue Reading Trump Acts to Block the Fair Pay and Safe Workplaces Rules

Yesterday a federal court in Texas partially enjoined enforcement of what is known as the “blacklisting” rule. The injunction comes one day before reporting was to begin under the Fair Pay and Safe Workplaces Executive Order, 13673.
The “blacklisting” order would have required prime contractors, as part of federal contract bidding that occurs after October 25, 2016, to report to the federal government all violations of fourteen labor and employment laws during the preceding year, via a public website. The government would have the option to reject a contract bidder based on the violations disclosed. The order also would have imposed restrictions on pre-dispute arbitration agreements for civil rights and sexual assault claims, effective today.
Continue Reading Last Minute Injunction Stops “Blacklisting” Order

Today, on August 25, 2016, the Department of Labor issued final Guidance implementing Executive Order 13673, Fair Pay and Safe Workplaces, bleakly referred to by the contractor community as the “blacklisting” order. The “blacklisting” order places a new focus on labor and employment issues during the federal procurement process. Covered federal contractors and subcontractors must now disclose to the government previous violations of fourteen different federal labor and employment laws, plus equivalent state counterparts. Pre-award disclosures must be made before a contract can be awarded to ensure the company is a “responsible” labor source. Updated reports then are required every six months post-award. The rule also imposes limits on the arbitration of certain employment claims, and requires specified paycheck disclosures and transparency.
Continue Reading Contractors Beware: “Blacklisting” Rule Finalized

This webinar will discuss President Obama’s Executive Order on federal contractor blacklisting and its potential impact on government contractors. A final regulation is on the horizon, and this program will tell you what you need to know NOW to be prepared.
Thursday, February 18, 2016
1:00 p.m. – 2:00 p.m. ET…
Continue Reading You’re Invited: The ‘Blacklisting’ Order For Federal Contractors – What You Need To Know Now