of XX Government Contracts Statutes, Regulations, Executive Orders & Policies Daniel Abrahams, Partner, Brown Rudnick LLP ©2015 PubKLearning. All rights reserved.1 Executive Order (“EO”) (Currently Unnumbered) – Establishing Paid Sick Leave for Federal Contractors ‒ 7 days or more of paid sick leave, no less than 1 hour per 30 hours worked ‒ To become effective 1/1/2017 EO – Fair Pay and Safe Workplaces ‒ Requires disclosure of prior 3 years of findings of violation of 14 federal labor and civil rights laws, EOs, & equivalent state laws and sets up responsibility determination process ‒ Covers administrative merits determinations, arbitral awards or decisions, or civil judgments as defined by DOL ‒ Not effective yet ‒ Most far reaching of EOs
of XX Government Contracts Statutes, Regulations, Executive Orders & Policies Daniel Abrahams, Partner, Brown Rudnick LLP EO – Equal Employment Opportunity ‒ Amending two other EOs to add “gender identity” to sexual orientation nondiscrimination requirements ‒ Followed up by OFCCP Directive (DIR) providing additional protections against gender identity and transgender discrimination EO – Establishing a Minimum Wage for Contractors ‒ Establishes a $10.10 contractor minimum wage to be paid on most new US Government service and construction contracts; 5 year phase-in ‒ $10.10 minimum wage went into effect 1/1/2015 ‒ Inflation adjusted rate annually starting 1/1/2016 to be determined 90 days prior to start of new year EO – Non-Retaliation for Disclosure of Compensation Information ‒ Amending EO to prohibit retaliation against employees who inquire, disclose or discuss their compensation with fellow workers ©2015 PubKLearning. All rights reserved.2
of XX Government Contracts Statutes, Regulations, Executive Orders & Policies Daniel Abrahams, Partner, Brown Rudnick LLP ‒ Exceptions for employees with access to compensation information as part of essential job functions ‒ OFCCP proposed rule issued on job secrecy Other Labor-Related Regulatory Developments and Policies ‒ Notice of proposed rulemaking on EEO-1 Reports (requiring summary data on compensation by sex, race, ethnicity, and specified job categories, as well as other relevant data points such as hours worked, and the number of employees) to aid in targeting pay discrimination ‒ Final rule revising reporting under VEVRAA for Vietnam Vets ‒ Final rules under The Streamlining Claims Processing for Federal Contractor Employees Act transferring certain administrative claims authority relating to nonpayment workers wages ‒ New DOL Service Contract Act H&W benefit level of $4.27 effective 6/30/2015 ‒ Proposed new FLSA Part 541 rules raising salary basis test exemption amount to $50,440 or more ©2015 PubKLearning. All rights reserved.3