Issues Of Concern In Proposed Gov't Contractor Labor Rules

Law360, New York (June 2, 2015, 10:55 AM EDT) -- On May 28, 2015, the Federal Acquisition Regulatory Council and the U.S. Department of Labor collaborated to publish new proposed regulations (80 Fed. Reg. 30548) and accompanying guidance (80 Fed. Reg. 30574) designed to implement Executive Order 13673, Fair Pay and Safe Workplaces. The new regulations and related Department of Labor guidance, if they become final in substantially the same form in which they were proposed, will fundamentally alter the way federal contractors and subcontractors handle and resolve employment and labor claims and compliance issues involving their entire workforces. The new rules and guidance could also result in very capable companies being found "not a responsible source" for goods or services for federal procurement purposes because of legitimate employment or labor law claims and disputes, even if such claims and disputes have nothing to do with any federal government contracts or the expenditure of any federal funds....

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