OVERVIEW

On Aug. 24, 2016, President Obama issued the Fair Pay and Safe Workplaces (or “blacklisting”) final rule, which would have threatened federal contractors’ due process rights, injected unwarranted subjectivity into the federal acquisition process and added needless and duplicative layers of bureaucracy.

ABC opposed the illegal blacklisting rule from the day it was proposed as an executive order by President Obama. On Oct. 24, 2016, implementation of most of the rule’s onerous and duplicative reporting and disclosure requirements were temporarily blocked when a U.S. District Court judge ruled in favor of ABC’s lawsuit and granted a preliminary injunction.

UPDATE

During the 115th Congress, the U.S. House of Representatives and U.S. Senate passed resolution H.J.Res. 37, which President Trump signed into law on March 27, 2017, blocking the blacklisting final rule from taking effect and preventing future administrations from promulgating a similar rule—essentially permanently eliminating the final rule.