October 17, 2021

Volume XI, Number 290

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October 15, 2021

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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.

© 2021 Schiff Hardin LLPNational Law Review, Volume VII, Number 100
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About this Author

Schiff Hardin represents management in labor matters and employment-related litigation, and provides counsel to employers with respect to all legal aspects of employer-employee relations. Our firm's labor law practice encompasses both the private sector and the public sector for large and small employers in a broad range of markets and industries. Our Labor and Employment Group works cooperatively with attorneys in our Employee Benefits and Executive Compensation Group to provide our clients with comprehensive assistance in every aspect of the employer-employee relationship.

312-258-5544
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