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Government Enjoined from Implementing Fair Pay and Safe Workplaces


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.

Associate Laura Baker (not admitted in the District of Columbia, practice supervised by partners of the firm) also contributed to this alert.

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For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Stephen J. McBrady
Partner – Washington, D.C.
Phone: +1 202.624.2547
Kris D. Meade
Partner – Washington, D.C.
Phone: +1 202.624.2854
David B. Robbins
Partner – Washington, D.C.
Phone: +1 202.624.2627
Jason M. Crawford
Associate – Washington, D.C.
Phone: +1 202.624.2562