Fair Pay and Safe Workplaces Executive Order (July 31, 2014)

Fair Pay and Safe Workplaces Implementation through Executive Order FEDERAL CONTRACTING: Assessments and Citations of Federal Labor Law Violations by Selected Federal Contractors, GAO-10-1033 (Sep 17, 2010) 25 (of the 50 largest)wage assessments were made against 20 companies that received federal contracts in fiscal year 2009. Eight of the 50 largest workplace health and safety penalties were assessed against seven other companies that received federal contracts in fiscal year 2009. The federal government awarded 15 federal contractors cited for WHD, OSHA, and NLRB labor law violations over $6 billion in government contracts during fiscal year 2009. Backstory:

Fair Pay and Safe Workplaces Increase efficiency and cost savings in the work performed government contractors by ensuring that they understand and comply with labor laws. Labor laws are designed to promote safe, healthy, fair, and effective workplaces. Compliant contractors are more likely to have workplace practices that enhance productivity and increase the likelihood of timely, predictable, and satisfactory delivery of goods and services to the Federal Government. Help agencies avoid distractions and complications that arise from contracting with contractors with track records of noncompliance. Section 1. Policy

Fair Pay and Safe Workplaces Preaward certification -- administrative merits determination, arbitral award or decision, or civil judgment within the preceding 3-year period for violations of labor laws An opportunity to disclose any steps taken to correct the violations of or improve compliance with the labor laws. CO to consider the information in responsibility determination Representation for subcontracts exceeding $500,000 except COTS that contractor will require and consider disclosure in subcontracting decision. Flowdown requirement. Requirement for referral to SDO. Section 2. Compliance with Labor Laws (Preaward)

Fair Pay and Safe Workplaces Update every 6 months. Consideration of action: remedial measures, compliance assistance, decisions not to exercise an option, contract termination, or referral to the agency suspending and debarring official Contractor must consider action against subcontractor disclosed by subcontractor or “obtained through other sources.” Department of Labor shall inform contracting agencies of its investigations of contractors and subcontractors. Provide information to SDO. Section 2. Compliance with Labor Laws (Post Award)

Fair Pay and Safe Workplaces Each agency shall designate a senior agency official to be a Labor Compliance Advisor. Assist CO and Agency. Section 3. Labor Compliance Advisors

Fair Pay and Safe Workplaces Contractors provide covered employees performing the contract with hours worked, overtime hours, pay, and any additions made to or deductions made from pay. Contracts exceeding $1 million -- contractors agree that the decision to arbitrate claims arising under Title VII or any tort related to or arising out of sexual assault or harassment may only be made with the voluntary consent of employees or independent contractors after such disputes arise. Applicable to subcontracts. Section 5. Paycheck Transparency and Section 6. Complaint and Dispute Transparency.

Fair Pay and Safe Workplaces Regulations to implement the requirements of the Executive Order. Regulations to ensure consistency in responsibility determinations throughout the government. Section 4. Ensuring Government-wide Consistency and Section 7. Implementing Regulations