June 25, 2022

Volume XII, Number 176

Advertisement
Advertisement

June 24, 2022

Subscribe to Latest Legal News and Analysis

June 23, 2022

Subscribe to Latest Legal News and Analysis

U.S. Department of Agriculture Proposes Rule Requiring Contractors to Certify Labor Law Compliance

The U.S. Department of Agriculture (“USDA”) recently published a proposed rule that would require all federal contractors to certify compliance with 16 applicable labor laws. The certification requires an affirmative statement attesting compliance and further requires contractors to “promptly report[] to the contracting officer if and when adjudicated evidence of noncompliance occurs.” Under the rule, contractors must further affirm, to the best of their knowledge, that all subcontractors and suppliers are also compliant with all applicable labor laws.

The rule is reminiscent of the Obama Administration’s Fair Pay and Safe Workplaces Executive Order, commonly known as the “Blacklisting Rule,” which required federal contractors to disclose violations of federal and state labor laws as part of the contract bidding process. The Blacklisting Rule and its implementing regulations were short lived, with President Trump revoking the executive order and signing into law a Congressional Joint Resolution of Disapproval that revoked the regulations on March 27, 2017.

While the Blacklisting Rule applied to all federal contractors with contracts above a certain amount, the USDA’s proposed rule would apply exclusively to USDA contracts. Nevertheless, the proposed rule reflects an effort to resurrect the spirit of the Blacklisting Rule, at least in part, and portends the possibility other agencies will implement their own labor law compliance rules for their contracts.

The deadline to provide comments is March 21, 2022. We will continue to monitor and report on any new developments.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 70
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Megan Childs Labor Lawyer Proskauer Law Firm
Associate

Megan Childs is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group. 

212-969-3126
Advertisement
Advertisement
Advertisement