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Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Final Rule”), which were set to take effect on October 25, 2016. Associated Builders and Contractors of Southeast Texas, et al. v. Rung, et al., No. 1:16-cv-00425 (E.D. Tex. Oct. 24, 2016). The Pay Transparency requirements, which take effect on January 1, 2017, were not enjoined.

In its ruling, the court found the plaintiffs, several large construction and security industry groups, demonstrated a likelihood of success on the merits and irreparable harm, warranting injunctive relief on the labor violation disclosure and arbitration provisions.

The construction and security industry groups filed a lawsuit to block the Fair Pay and Safe Workplaces Executive Order 13673 and related rule. In response, the court set a temporary restraining order (TRO) hearing for October 21, 2016, just four days before the Executive Order’s requirements were set to go into effect on October 25.

We will be reporting further on the impact of the court’s order and next steps in the litigation process, which will include a full hearing on the merits of all provisions of the Final Rule.

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