In August 2016, the Labor Department released guidance implementing President Obama’s Fair Pay and Safe Workplaces Executive Order (EO) 13673 to require prospective federal contractors to disclose labor law violations under the FLSA, NLRA, OSHA, FMLA, and other anti-discrimination laws, as well as give agencies guidance on how to consider labor violations when awarding federal contracts. At that time, it was quickly dubbed the "blacklisting" initiative. Then in October 2016, a Texas district court granted a preliminary injunction blocking implementation of the rule’s disclosure requirements.
On March 7, 2017, the U.S. Senate approved a resolution to abolish the blacklisting rule. It has now been sent to President Trump, who is expected to sign it. When he does, the rule will be abolished and federal contractors will not need to disclose labor law violations with new contracts. The pay transparency provisions of the EO, however, are still in place. MRA members can log in and review the Pay Transparency Checklist for Contractors to review the requirements, along with the updated nondiscrimination language.
Source: Michael Hyatt, HR Government Affairs Director, MRA – The Management Association