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Nationwide Preliminary Injunction Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules
Practical Law Legal Update w-004-1305 (Approx. 4 pages)
Nationwide Preliminary Injunction Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules
by Practical Law Labor & Employment
| Published on 27 Oct 2016 • USA (National/Federal) |
In Associated Builders and Contractors of Southeast Texas v. Rung, a federal judge in the Eastern District of Texas issued a nationwide injunction blocking enforcement of the parts of the "Fair Pay and Safe Workplaces" rule requiring federal contractors to disclose labor law violations and prohibiting certain arbitration agreements.
On October 24, 2016, in Associated Builders and Contractors of Southeast Texas v. Rung, a federal judge in the Eastern District of Texas issued a nationwide preliminary injunction blocking portions of the Federal Acquisition Regulatory (FAR) Council's final rule implementing President Obama's "Fair Pay and Safe Workplaces" Executive Order and the accompanying DOL guidance that:
- Impose new reporting requirements concerning labor law violations on government contractors.
- Prohibit pre-dispute arbitration agreements regarding matters arising under Title VII and sexual assault or harassment torts.
Those portions of the rule were set to become effective on October 25, 2016. The court order did not enjoin the rule's pay transparency requirements which become effective on January 1, 2017.
For more on the "Fair Pay and Safe Workplaces" order, see Legal Update, The FAR Council and the DOL Issue Final Rule and Guidance Implementing the Fair Pay and Safe Workplaces Executive Order.