The COVID-19 pandemic has presented countless challenges to employers across all industries for well over a year now, as rules and guidance from state and federal agencies continue to develop – and change. These changes have left many questions unanswered; however, we have definitive instructions now regarding employers with federal contracts.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
The Office of Federal Contract Compliance Programs (OFCCP) has published its Notice of Proposed Rulemaking (NPRM) on "pay transparency." This NPRM is in follow-up to Executive Order 13665, which President Obama signed on April 8, amending Executive Order 11246 and prohibiting federal contractors from retaliating against applicants and employees for discussing their compensation. Generally, with limited exceptions, this proposal prohibits employers from firing or taking other adverse actions against employees who discuss their pay and other employees’ pay.
On July 31, 2014, President Obama issued the Fair Pay and Safe Workplaces Executive Order which is intended to ensure that all federal contractors and subcontractors are “responsible sources who comply with labor laws.” In his Executive Order, President Obama emphasized that “labor laws are designed to promote safe, healthy, fair and effective workplaces” and directed all federal department and agencies to “identify and work with contractors with track records of compliance.” The Executive Order will apply to any future federal contracts where the value of supplies or services exceeds $500,000.