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Government Enjoined from Implementing Fair Pay and Safe Workplaces

Client Alert | 1 min read | 10.25.16

On October 24, a U.S. district court issued a preliminary injunction enjoining implementation of the Fair Pay and Safe Workplaces final rule, which had been scheduled to take effect today, October 25 (discussed here and here). The court held that the executive order, implementing regulations, and DOL guidance violated the First Amendment, contractors’ due process rights, and the Federal Arbitration Act and enjoined the government from (a) implementing any portion of the FAR rule or the DOL Guidance relating to the new reporting and disclosure requirements and (b) enforcing the new restriction on arbitration agreements, while permitting “paycheck transparency” requirements to proceed.

Insights

Client Alert | 5 min read | 09.21.26

Congressional Letter Puts Spotlight on Unenforceable Secrecy Demands in Federal Subpoenas

When federal law enforcement agencies issue subpoenas to companies for information about their customers, the subpoenas or cover letters often contain boilerplate nondisclosure language. This language generally directs companies not to notify those customers and implies that there may be legal consequences for doing so. But as two lawmakers recently called out in a formal letter to the U.S. Supreme Court and the U.S. Government Accountability Office (GAO), this boilerplate language may not carry the force of law....