Question: We are a federal contractor and are wondering what the status is of the “Fair Pay and Safe Workplaces” executive order and its accompanying regulations that were to go into effect on October 25, 2016. Has it been delayed?
Answer: President Trump has effectively put an end to Executive Order 13673, Fair Pay and Safe Workplaces (E.O. 13673) and its accompanying regulations and guidance. The order would have:
- Required federal contractors to disclose violations of certain labor laws during the bidding process;
- Required federal contractors to provide workers with wage statements for each pay period; and
- Prohibited federal contractors from requiring workers to enter into mandatory arbitration agreements concerning Title VII claims.
On March 27, 2017, President Trump signed a joint resolution (H.J.Res. 37) passed by Congress under the Congressional Review Act disapproving of the regulations implementing E.O. 13673. The resolution had the effect of nullifying the regulations. That same day, President Trump issued his own executive order (E.O. 13782) revoking E.O. 13673 and directing the Department of Labor to “promptly rescind any orders, rules, regulations, guidance, guidelines, or policies implementing or enforcing” the revoked executive order.