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Government Enjoined from Implementing Fair Pay and Safe Workplaces

Oct.25.2016

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.

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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
Email: smcbrady@crowell.com
Kris D. Meade
Partner – Washington, D.C.
Phone: +1 202.624.2854
Email: kmeade@crowell.com
David B. Robbins
Partner – Washington, D.C.
Phone: +1 202.624.2627
Email: drobbins@crowell.com
Jason M. Crawford
Associate – Washington, D.C.
Phone: +1 202.624.2562
Email: jcrawford@crowell.com
Laura J. Mitchell Baker
Associate – Washington, D.C.
Phone: +1 202.624.2581
Email: lbaker@crowell.com