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As required by President Obama’s Fair Pay and Safe Workplaces Executive Order (E.O. 13673), often called the “Blacklisting” executive order, the U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have issued proposed guidance and regulations requiring government contractors and subcontractors to report at the pre-award phase of the contracting process and regularly thereafter on a variety of workplace law violations found by administrative agencies, the courts, and arbitrators. The government would then take an employer’s record of violations into account when deciding whether to award contracts, cancel existing contracts, and potentially demand remedial action to address a pattern of violations.
In addition, employers with a government contract exceeding $1 million will be prohibited from requiring employees to enter into mandatory pre-dispute arbitration agreements for disputes arising out of Title VII of the Civil Rights Act or torts related to sexual assault or harassment.
As proposed, the regulations and guidance will impose massive new recordkeeping and reporting responsibilities on most government contractors and subcontractors that will require careful planning in advance of the final rule and guidance. This webinar discusses the details of the proposed regulations and guidance, highlight areas of particular concern to government contractors and subcontractors, and identify actions contractors should consider taking now in preparation for compliance with the requirements.
