Fair Pay and Safe Workplaces Proposed Rule and Guidance: What You Need to Know

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On May 28, 2015, the Obama Administration published the highly-anticipated proposed FAR rule and proposed DOL guidance implementing the “Fair Pay and Safe Workplaces” Executive Order (EO).  The proposed rule and guidance trigger a 60-day public comment period and provide details as to the onerous compliance and reporting burdens that contractors and subcontractors will face after final rulemaking. Implementing what is often referred to as the “Blacklisting” EO, the new rule and guidance – if implemented – will inject subjectivity into the contract award process, as “Agency Labor Compliance Advisors” make recommendations to contracting officers with respect to responsibility determinations, based on new and ambiguous standards set forth in the proposed guidance.

Please join Crowell & Moring for a discussion of the following key areas:

• The applicability and implementation of “Fair Pay Safe Workplaces” 
• The “labor law violation” disclosure process
• Analysis of the rule’s effect upon responsibility determinations
• The three categories of violations that can trigger a negative responsibility finding, including “administrative merits determinations” that are reached before a hearing on the merits