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Federal Contractor Fair Pay and Safe Workplace Rules Revoked

The fate of President Obama’s Executive Order 13673Fair Pay and Safe Workplaces, which was called into question last year when a Texas district court enjoined key provisions, has been decided.

White House, Late last month, President Trump issued an executive order revoking 13673 in its entirety, and directing agencies and departments to “consider promptly rescinding” related orders, rules, guidance, or policies. The order is called Revocation of Federal Contracting Executive Orders. President Trump also signed into law House Joint Resolution 37 which “disapproves” and removes all force and effect from regulations that were issued to implement 13673 in August of 2016.

Executive Order 13673, or the so-called “blacklisting rule,” had mandated that federal contractors disclose violations of certain labor laws during the contracting process, and imposed restrictions on pre-dispute employee arbitration agreements as well as “paycheck transparency” requirements. Federal contractors and subcontractors previously covered under 13673, and the implementing regulations, will have no obligation to comply with its requirements. Importantly, contractors may of course still be subject to state or other laws regulating paystubs or employment arbitration agreements.

© 2017 Schiff Hardin LLP


About this Author

Nora Kersten Walsh, Employment Law Litigator, Schiff Hardin Law Firm

Nora Kersten Walsh concentrates on all areas of labor and employment law, with an emphasis on employment-related litigation and employee counseling.

She has conducted federal and state court litigation, including appellate litigation, and has participated in hearings before:

  • The Equal Employment Opportunity Commission (EEOC)
  • Illinois Department of Human Rights
  • Chicago Commission on Human Rights, the National Labor Relations Board (NLRB)
  • State unemployment compensation tribunals

Ms. Kersten Walsh also provides input on labor and...