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From the category archives: GA - Federal Procurement
The U.S. House of Representatives passed legislation to block implementation of the Obama administration’s Fair Pay and Safe Workplaces Executive Order 13673, commonly referred to as “blacklisting,” through the Congressional Review Act (CRA). The bill (H. J. Res. 37) was passed by a vote of 236-187 after ABC sent a letter to the House urging lawmakers to support it. The U.S. Senate is expected to vote on a similar resolution the week of Feb. 13.
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ABC is encouraging all members to call
on their Representative to support H.J. Res. 37, introduced by U.S. House Education and Workforce Committee Chairwoman Virginia Foxx (R-N.C.), House Small Business Committee Chairman Steve Chabot (R-Ohio), and House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-Utah). The resolution provides for congressional disapproval under the Congressional Review Act (CRA) to invalidate the Federal Acquisition Regulatory (FAR) Council and U.S. Department of Labor's (DOL) "blacklisting" rule and guidance implementing President Obama's Fair Pay and Safe Workplaces Executive Order 13673.
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On Oct. 24, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction that prevents the Federal Acquisition Regulatory (FAR) Council from implementing the final blacklisting rule, officially titled Fair Pay and Safe Workplaces, which was scheduled to go into effect on Oct. 25.
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On Sept. 30, the DOL’s Wage and Hour Division issued a final rule requiring certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care. The paid sick leave required by the final rule is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA).
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Beginning Jan. 1, 2017, the minimum wage for workers on covered federal contracts and service contracts will increase to $10.20 per hour from $10.15 per hour in 2016. The increase is dictated by the Oct. 7, 2014, U.S. Department of Labor’s Wage and Hour Division final rule that implemented Executive Order 13658.
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On April 12, ABC submitted comments in response to the U.S. Department (DOL) of Labor Wage and Hour Division’s proposed rule on establishing paid sick leave for federal contractors. The proposed rule requires certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. The paid sick leave required by the proposal is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the proposed rule.
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On Feb. 25, 2016, the U.S. Department of Labor (DOL), Wage and Hour Division released a proposed rule to implement Executive Order 13706 requiring certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. ABC’s General Counsel Littler Mendelson, P.C prepared an in-depth analysis of the DOL proposal, which can be read here.
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On Sept. 10, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its final rule
prohibiting federal contractors and subcontractors from terminating or otherwise discriminating against employees who discuss their compensation with co-workers or job applicants. This rule implements the Obama administration’s Equal Pay initiative under Executive Order 13665 and will take effect on Jan. 11, 2016.
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At a Labor Day rally before union members in Boston on Sept. 7, President Obama unveiled a new executive order requiring federal contractors to offer employees up to seven days of paid sick leave.
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ABC Aug. 26 submitted comments urging the withdrawal of the Federal Acquisition Regulatory (FAR) Council’s Notice of Proposed Rulemaking (NPRM) and the U.S. Department of Labor’s (DOL) Notice of Proposed Guidance (NPG) implementing President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673, commonly referred to as the blacklisting proposal.
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