August 20, 2019

August 20, 2019

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August 19, 2019

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Senate Votes to Disapprove Obama-Era Fair Pay and Safe Workplaces Executive Order

The U.S. Senate has passed, by a single-vote margin, a joint resolution previously passed by the U.S. House that “disapproves” President Barack Obama’s 2014 Executive Order 13673: Fair Pay and Safe Workplaces, often called the “blacklisting” executive order. (For more on Executive Order 13673, see ‘Blacklisting’ Rules for Government Contractors Proposed by Federal Agencies under Executive Order and DOL and FAR Council Publish Final ‘Fair Pay and Safe Workplaces’ Rules for Government Contractors.)

The joint resolution, authorized by the Congressional Review Act, is headed for President Donald Trump’s signature, the last hurdle to the demise of the “blacklisting” regulations. Trump is expected to sign the joint resolution without much deliberation.

Most provisions of Executive Order 13673 are on hold. A U.S. District Court in Texas in October 2016 halted implementation of the “labor law violation” reporting provision of the FAR Council’s final rule implementing the Order, as well as the prohibition of mandatory arbitration agreements. (See Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules.) Nonetheless, the “paycheck transparency” provisions took effect for new contracts on January 17, 2017. (See article, Paycheck Transparency Mandates of Fair Pay and Safe Workplaces E.O. Take Effect January 1.) This left many contractors with compliance responsibilities for regulations in legal limbo, in light of the lawsuit and the results of the presidential election.

If Trump signs the resolution, the Order, the FAR provisions and DOL’s Guidance document will be dead. In addition, the lawsuit challenging the Order will be moot, and federal contractors will be free from the Order’s burdens and obligations, including the paycheck transparency obligations.

Federal contracting agencies likely will be directed to halt implementation of the pay transparency regulations as soon as the joint resolution is signed. Contractors that have the pay transparency provision in their contracts or in pending solicitations will want to pursue removing such provisions.

Jackson Lewis P.C. © 2019

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About this Author

Leslie Stout-Tabackman, Labor Employment Attorney, Shareholder, Jackson Lewis Law Firm
Shareholder

Leslie Stout-Tabackman is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She has a broad-based practice counseling and representing employers on compliance with federal and state workplace laws and regulations, and designing and implementing sound practices and policies.

Ms. Stout-Tabackman regularly counsels and represents clients with matters before the U.S. Department of Labor’s (DOL) Wage and Hour Division, including Fair Labor Standards Act (FLSA) issues and prevailing wage and benefits issues arising under the Service Contract Act...

703-483-8345
Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
Principal

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 from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits.  Ms. Mitchell also spends significant time counseling clients in connection with conducting pay equity analyses.

Ms. Mitchell is also on the leadership team for the firm’s Government Contractor Industry Group and a member of the firm’s Pay Equity Resource Group.

Ms. Mitchell is an editor and principle contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

Prior to joining Jackson Lewis, Ms. Mitchell counseled management as an in house attorney with a national telecommunications company.

303-225-2382
F. Christopher Chrisbens, Jackson Lewis, litigation attorney, employment law, intellectual property legal counsel, OFCCP compliance lawyer
Of Counsel

F. Christopher Chrisbens is Of Counsel in the Denver, Colorado, office of Jackson Lewis P.C. Over his years as a litigation attorney, manager, trainer and workplace investigator, Mr. Chrisbens has developed a diverse array of employment law skills serving employers in a variety of legal and corporate settings.

Mr. Chrisbens began his career as a litigator and appellate practitioner in Los Angeles, California, and later returned to Boulder, Colorado where he was partner in a Boulder firm practicing in the areas of commercial...

303-225-2381