The Secretary of Labor yesterday rescinded guidance
created in response to an Obama-era Executive Order—Fair Pay and Safe Workplaces.
The rescinded guidance
defined certain terms laid out in the Executive Order and the subsequent Final Rule promulgated by the General Services Administration, Department of Defense, and NASA to amend the Fair Acquisition Regulations (FAR).
Among other things, the now rescinded Executive Order
and FAR Final Rule
required offerors of services for government contracts $500,000 and larger to disclose recent violations of major labor laws and standards—the OSH Act of 1970, the Fair Labor Standards Act, the American with Disabilities Act, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Davis-Bacon Act—which requires contractors to pay the prevailing local wage
to laborers on public work projects, and others. It also required contractors to consider these violations when granting subcontracts.
In March, Congress officially disapproved the Final Rule under the Congressional Review Act.
The President signed that legislation, then issued his own revocation by way of Executive Order.
The FAR Final Rule was rescinded on Monday as well
What Was in the Department of Labor Guidance?
The Department of Labor guidance rescinded on Monday defined which contracts would be subject to the requirements and which violations should be considered “serious,” “repeated,” “willful,” or “pervasive.” It also laid out specifics about pay information contractors would be required to provide to workers.
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