The nearly three-year journey of Executive Order 13673: Fair Pay and Safe Workplaces, which President Barack Obama signed in July 2014, is officially over. Federal contractors will not be required to report alleged labor violations to federal agencies as part of the bid process or implement measures to foster pay transparency. They also will not be prohibited from entering into mandatory arbitration agreements concerning employee Title VII claims.
President Donald Trump signed into law H.J. Resolution 37, which “disapproves” the Federal Acquisition Regulatory (FAR) Council regulations implementing the Executive Order, on March 27, 2017. (For more on the Resolution, see our article, Senate Votes to Disapprove Obama-Era Fair Pay and Safe Workplaces Executive Order.) To seal the deal, Trump also signed his own Executive Order revoking the Obama-era Order, known as the “Blacklisting” Executive Order. Trump’s Order directs the Department of Labor and other executive agencies to “consider promptly rescinding any orders, rules, regulations, guidance, guidelines, or policies implementing or enforcing the revoked Executive Orders.” This spells the end for the Executive Order as well as the DOL Guidance and the FAR implementing provisions.
For a history of this long journey, 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.