Search form

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

By Leslie A. Stout-Tabackman, Laura A. Mitchell and F. Christopher Chrisbens
  • March 7, 2017

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 our articles, ‘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 our article, 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 our 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.

Please contact a Jackson Lewis attorney with any questions about this or other developments.

©2017 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

December 16, 2017

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization to Consider

December 16, 2017

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten him to the punch.  Over the course of two days (December 14 and 15), the Board repudiated three of the Obama... Read More

December 6, 2017

Labor Department Proposes Reversing Obama-Era ‘Tip-Pooling’ Rule

December 6, 2017

Employers would be expressly permitted to require servers and other tip-earning employees to share their tips with employees working in the kitchen and other “back of the house” employee, but only when the employer does not use the tip credit and state law would not otherwise prohibit the practice, under proposed regulations published by... Read More

December 6, 2017

Labor Aspects in North America Free Trade Agreement (NAFTA) Renegotiation

December 6, 2017

Few issues were more dramatically debated during the 2016 U.S. election than the country’s participation in trade agreements, particularly in the North American Free Trade Agreement (NAFTA) and the Trans Pacific Partnership (TPP). Since the election, the U.S. has withdrawn from TPP and is seeking renegotiation of NAFTA. In this... Read More