The fate of President Obama’s Executive Order 13673, Fair Pay and Safe Workplaces, which was called into question last year when a Texas district court enjoined key provisions, has been decided. (See 2017 Legislative Developments)
Late last month, President Trump issued an executive order revoking 13673 in its entirety, and directing agencies and departments to “consider promptly rescinding” related orders, rules, guidance, or policies. The order is called Revocation of Federal Contracting Executive Orders. President Trump also signed into law House Joint Resolution 37 which “disapproves” and removes all force and effect from regulations that were issued to implement 13673 in August of 2016.
Executive Order 13673, or the so-called “blacklisting rule,” had mandated that federal contractors disclose violations of certain labor laws during the contracting process, and imposed restrictions on pre-dispute employee arbitration agreements as well as “paycheck transparency” requirements (See 2017 Legislative Developments). Federal contractors and subcontractors previously covered under 13673, and the implementing regulations, will have no obligation to comply with its requirements. Importantly, contractors may of course still be subject to state or other laws regulating paystubs or employment arbitration agreements.