Final Regulations and Guidance Implementing the Fair Pay and Safe Workplaces Executive Order Released

From U.S. Department of Labor News Release and Fact Sheet, August 24, 2016

[On August 24, 2016] the DOL and the Federal Acquisition Regulatory Council announced final regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order.  Signed by President Obama in July 2014, the order requires prospective federal contractors to disclose labor law violations and gives agencies more guidance on how to consider labor violations when awarding federal contracts.

With the new rule phased in fully, prospective contractors will be required to disclose violations of 14 basic workplace protections from the previous three years – including those addressing wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights protections.

Most federal contractors will only have to attest that they comply with laws providing basic workplace protections.  Designated Agency Labor Compliance Advisors will be available to help contractors who do report violations.

The rule’s requirements will be phased in over time.  Beginning October 25, 2016, only prime contractors must make disclosures.  Subcontractors are required to start making disclosures on October 25, 2017.  For the first six months disclosure requirements will only be included in solicitations valued at $50 million or more, then lowered to $500,000 or more beginning on April 25, 2017.

For more information visit DOL’s Fair Pay and Safe Workplaces webpage, including the additional resources section.