On July 14, 2015, the Department of Labor (DOL) and Federal Acquisition Regulatory Council (FARC) both published in the Federal Register that the deadline for the comment period on the proposed guidance on implementing Executive Order 13673, Fair Pay and Safe Workplaces, also referred to as the “Blacklisting” Executive Order would be extended from July 27, 2015 to August 11, 2015. Comments on the DOL proposed guidance can be submitted at: http://www.regulations.gov/#!documentDetail;D=DOL-2015-0002-0001 and comments on the FARC proposed rule can be submitted at: http://www.regulations.gov/#!documentDetail;D=FAR-2014-0025-0001.
The proposed guidance and rule require federal contractors to disclose certain violations that have occurred during the previous three years during the bidding process for federal contracts over $500,000. There are 14 federal laws and executive orders covered, along with as of yet undefined “equivalent State laws”. Violations required to be reported would include things such as show-cause notices issued by the Office of Federal Contract Compliance Programs (OFCCP). Contract bidders would also be required to report violations that are currently being appealed or further reviewed. There would also be a new requirement to provide employees with detailed wage statements each pay period along with notices sent to workers considered independent contractors, informing them of their status.
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