October 23, 2019

October 23, 2019

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October 22, 2019

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October 21, 2019

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First Lawsuit Challenging Fair Pay & Safe Workplaces Obligations Filed

As anticipated, the first lawsuit challenging the legality of the Fair Pay and Safe Workplaces executive order and final rules is now on the books. Filed by the Associated Builders and Contractors, a construction trade group, and the National Association of Security Companies, the complaint contains six counts which allege the Obama administration, the FAR Council and the U.S. Department of Labor exceeded their authority as well as violated the due process clause and federal arbitration act with issuance of the executive order and implementing rules .

The regulations and guidance implementing the executive order go into effect in less than a month, on October 25, 2016, and will impose significant information gathering and reporting obligations on covered contractors, as well as prohibitions on pre-dispute arbitration agreements and requirements involving disclosure of pay information.

The suit seeks an injunction preventing implementation of the regulations and guidance recently finalized by the FAR Council and U.S. Department of Labor.

We will provide updates, including information on the injunction request, as they become available so stay tuned for more . . .

Jackson Lewis P.C. © 2019


About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...