Government Contracts Monitor

Fair Pay and Safe Workplaces Regulations Nullified and Underlying Executive Order 13673 Revoked

March 28, 2017

On Monday, March 27, 2017, President Trump signed House Joint Resolution 37, repealing and nullifying the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces). As previously discussed here, this Resolution was passed by both Houses of Congress under the Congressional Review Act, 5 U.S.C. § 801 et seq.…

Congress Votes to Repeal Former President Obama’s Fair Pay and Safe Workplaces Regulations

March 6, 2017

On Monday, March 6, 2017, the U.S. Senate voted, 49-48 on a straight party-line vote, to join the U.S. House of Representatives in repealing the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces).  Assuming President Trump signs the joint repeal resolution in the coming days, which appears highly likely in…

Short Take - President Trump Will Continue Enforcing Executive Order 13672, Protecting the Rights of the LGBTQ Community in the Workplace

February 6, 2017

On January 31, 2017, the White House issued a Press Release announcing President’s determination to continue the effectivity and enforcement of President Obama’s Executive Order (EO) 13672, protecting the rights of the Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) community under federal contracts.  The Press Release stated that President “Trump is determined to protect the rights of all…

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 23, 2017

The FAR Council has published a Final Rule, effective January 19, 2017, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires its employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or otherwise restrict the lawful reporting of fraud, waste or abuse to a…

<center>New Year’s Resolutions, 2017</center>

January 3, 2017

Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

Happy New Year! The start of a new year is a time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2017.

        1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies…

Mandatory Paid Sick Leave for Federal Contractors Takes Effect

January 3, 2017

As Jackson Kelly has previously reported, there is significant uncertainty regarding which of the many Executive Orders signed by President Obama will still be binding after President Trump’s inauguration later this month; but some things will not change, at least in the short term. One of those is the new requirement, from Executive Order 13706, that federal contractors provide paid sick leave…

Short Take: New Year, New Regulations—What Contractors Need to Know About Paycheck Transparency

December 20, 2016

Although there is still some uncertainty as to which of President Obama’s many Executive Orders will be implemented once the Trump administration is in place, there are a few regulations that will take effect before the inauguration, and for which contractors therefore need to prepare.  One such requirement, regarding paycheck transparency for government contract employees, is set to take effect…

Short Take: Federal Court Enjoins Fair Pay and Safe Workplaces Reporting Requirements

November 1, 2016

Jackson Kelly previously reported on a lawsuit challenging the new reporting scheme mandated by federal contractors under Executive Order (EO) 13673, Fair Pay and Safe Workplaces. Filed in the US District Court for the Eastern District of Texas, the suit sought to enjoin the US Government from enforcing the EO’s widely-criticized and extensive reporting requirements. 

Last week, the Court ordered…

Federal Lawsuit Challenges Fair Pay and Safe Workplaces Reporting Requirements

October 18, 2016

The Final Rule implementing Executive Order 13673, Fair Pay and Safe Workplaces, is due to take effect on October 25.  Jackson Kelly has previously written about the new rule, and many federal contractors are struggling to understand which provisions apply to them and when they will take effect.  The reporting requirements mandated by the rule are set to phase in over a two year period and will…

Short Take: Federal Minimum Wage for Contractors Increasing to $10.20 in 2017

September 27, 2016

On September 19, 2016, the Department of Labor (DoL) released guidance on the impending increase in the minimum wage for contractors performing work covered by Executive Order (EO) 13658.  The EO was signed in 2014 and raised the minimum wage to $10.10 per hour as of January 1, 2015. It also established a procedure for determining the amount of annual minimum wage increases for each year going…

FAR Council and DOL Publish Final Rule and Guidance on Fair Pay and Safe Workplaces

September 6, 2016

Two years after President Obama signed Executive Order (EO) 13673, “Fair Pay and Safe Workplaces”, the FAR Council has published the final rule implementing it. The Department of Labor (DOL) has also published the final version of its implementing guidance for the rule. Jackson Kelly initially wrote about the EO’s implementation last year when the DOL published its proposed guidance. The EO has…

Timing Is Everything When Considering Service Contract Act Price Adjustments Based on CBAs

July 5, 2016

Although it may seem unusual, when an agency exercises an option on a contract incorporating the Service Contract Act (SCA), the option is considered a successor contract for the purposes of applying the SCA provisions. In other words, the contractor becomes its own successor, which in some cases may entitle it to a contract price adjustment for increased wages and fringe benefits. As the CBCA…