New Executive Order Signed Requiring Federal Contractors to Disclose Employment and Labor Law Violations

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By Martha J. Zackin

On Thursday July 31, Obama signed a new Executive Order requiring contractors to disclose whether there has been any administrative merits determination, arbitral award or decision, or civil judgment rendered against the contractor  within the preceding 3 years for violations of any of the following laws:

  1.  the Fair Labor Standards Act;
  2. the Occupational Safety and Health Act;
  3. the Migrant and Seasonal Agricultural Worker Protection Act;
  4. the National Labor Relations Act;
  5. he Davis-Bacon Act;
  6. the Service Contract Act;
  7. Executive Order 11246 (pertaining to affirmative action);
  8. section 503 of the Rehabilitation Act;
  9. the Vietnam Era Veterans’ Readjustment Assistance Act;
  10. the Family and Medical Leave Act;
  11. Title VII;
  12. The ADA
  13. The ADEA
  14. Executive Order 13658 (new E.O. dated February 12, 2014, establishing a minimum wage for contractors); or
  15. equivalent State laws, as defined in guidance issued by the Department of Labor.

This requirement applies to contractors bidding on a new contracts for goods or services with a value of $500,000 or above.  Contractors working under existing covered contracts are required to provide updates every 6 months.  Click here for the associated Fact Sheet, which provides a good summary of the new Executive Order.