DOL and FAR Council Issue Proposed Guidance and Proposed Regulations Implementing Fair Pay and Safe Workplaces Executive Order
On May 27, 2015, the Department of Labor (DOL) and the Federal Acquisition Regulatory Council (FAR Council) issued proposed guidance and proposed regulations, respectively, implementing the Fair Pay and Safe Workplaces Executive Order. The Executive Order will require prospective federal contractors to disclose labor law violations and will give agencies more guidance on how to consider labor violations when awarding federal contracts. DOL's guidance will assist contracting agencies and the contracting community in applying the Order's requirements, including evaluating the severity of labor violations. The FAR Council's regulations will integrate the Order's requirements and the provisions of the Labor Department's guidance into the existing procurement rules.
While the vast majority of federal contractors play by the rules, every year tens of thousands of American workers are denied overtime wages, are unlawfully discriminated against in hiring or pay, have their health and safety put at risk by federal contractors that cut corners, or are otherwise denied basic workplace protections. Taxpayer dollars should not reward companies that break the law, and contractors who meet their legal responsibilities should not have to compete with those who do not.
The proposed guidance and regulations make sure that agencies have the information they need to determine which contractors are providing their workers with basic protections. They also create a process for agencies to help contractors come into compliance with labor laws.
On May 28, 2015, the proposed guidance and regulations were published in the Federal Register for public comment, and the 60-day comment period will close on July 27, 2015.
The Proposed Guidance
The FAR Council's Proposed Regulations