As we reported yesterday, the FAR Council and U.S. Department of Labor have published final regulations and guidance implementing Executive Order 13673.  In connection with the much awaited publication, the Department of Labor has created a detailed webpage with FAQs and other informative pages regarding implementation of the final rules.

A few of the highlights from the Final Rules include:

  • Effective date for prime contractors is October 25, 2016
  • However, for bids under $50 million, no disclosure is required for a 6 month period – until April 25, 2017
  • Subcontractor reporting on hold for one year until October 25, 2017
  • Reporting period will be phased in 1 year at a time into a 3 year look back by October 25, 2018
  • Subcontractors are to report violations to DOL, not to primes, and must report back to primes on DOL findings
  • Legal entity required to report its violations is that listed on the bid/offer or contract, not parent, subsidiaries.  A division of a corporation would be required to make disclosures of the corporation
  • Contractors are encouraged, though not required, to go to DOL for preassessment of their violations before bidding contracts
  • Provides “due process” for contractor to receive notice of and respond to recommendation prior to final responsibility determination
  • State law violations (except OSHA equivalents) requiring disclosure will be subject of a future rulemaking
  • The definitions of “serious, willful, repeated, and/or pervasive violations” remain substantively unchanged
  • Pay Transparency and prohibition on pre-dispute arbitration requirements are still in place.

For additional information check out our recent article and stay tuned for more depth analysis in the coming days.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.