Executive Order requires federal contractors, subcontractors to report labor law violations

by | Aug 18, 2014 | Business, Construction, Real Estate | 0 comments

Under Executive Order 13673 signed on July 31, 2014, parties who contract with the Federal Government, for construction, and other goods and services, with an estimated value over $500,000, must disclose any labor law violations within the preceding 3-year period.

Additionally, a contracting officer will require that, at the time of execution of the contract, a contractor must represent that: (1) the contractor will require each subcontractor to disclose any administrative merits determination, arbitral award or decision, or civil judgment rendered against the subcontractor in the last 3-years for violations of any of the requirements of the labor laws listed in Executive Order 13673, and subsequently update the information every 6 months; and (2) before awarding a subcontract, the contractor will consider the information submitted by the subcontractor in determining whether a subcontractor is a responsible source that has a satisfactory record of integrity and business ethics, except for subcontracts that are awarded or become effective within 5 days of contract execution, in which case the information may be reviewed within 30 days of subcontract award.

There are also paycheck transparency provisions under Section Five, whereby provisions in solicitations and clauses in contracts must include that the contractor provide all working individuals under the contract for whom the contractor is required to maintain wage records, with a document with information concerning that individual’s hours worked, overtime hours, pay, and any additions made to or deductions made from pay.  Contractors must also incorporate this same requirement into subcontracts covered by Section Two of this Executive Order.  If the contractor is treating an individual performing work under a contract or subcontract as an independent contractor, and not an employee, the contractor must provide a document informing the individual of this status.

Under Section Six’s dispute transparency provision, if a contract has an estimated value that exceeds $1 million, then the provisions in solicitations and clauses in contracts shall provide that the contractor agree that the decision to arbitrate claims arising under title VII of the Civil Rights Act of 1964 may only be made with the voluntary consent of employees or independent contractors after such disputes arise.  However, this section shall not apply to contracts or subcontracts for the acquisition of commercial items or commercially available off-the-shelf items.

See the complete text of the Executive Order here… http://www.whitehouse.gov/the-press-office/2014/07/31/executive-order-fair-pay-and-safe-workplaces

Contact Us

Call us for a personalized consultation.   You can also contact us by using the form or you may call us.  Bookmark our page now and revisit our page for updates.

Address

Tran Law Firm, PLLC
4850 Old Pineville Rd., Unit A
Charlotte, NC 28217

We are located near the intersection of E. Woodlawn Road and Old Pineville Road.  Just a few steps south of the Lynx’s Blue Line Light Rail, Woodlawn Station.

Phone

980.201.9151 | Direct
980.355.9318 | Phone/Vietnamese
980.321.9356 | Fax

Contact Form

By submitting your name and inquiry to the Tran Law Firm, the firm is not agreeing to represent you. Before any representation begins, the firm requires engagement agreements with all of its clients

Service Areas:

Charlotte, Monroe, Concord, China Grove, Kannapolis, Huntersville, Harrisburg, Belmont, Mt. Holly, Gastonia, Matthews, Pineville, Weddington, Greensboro, Triad, Hickory, High Point, Morganton, Asheville, Chapel Hill, Durham, Raleigh, Wilmington, Burlington, Mint Hill, Statesville, Waxhaw, Lincolnton, Lexington, Winston Salem, Burlington, Cary, Fayetteville, Greenville, NC and communities in Mecklenburg County, Gaston County, Union County, Cabarrus County, Stanley County, Rowan County, Lincoln County, Catawba County, Iredell County, Guilford County, Forsyth County, Davidson County, and Wake County.