• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates

December 4—6, 2023
Hilton Miami Downtown, Miami, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

October 25, 2017

Federal Court Strikes Down the Fair Play and Safe Workplaces Order

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
October 25, 2017

Federal Court Strikes Down the Fair Play and Safe Workplaces Order

This ruling eliminates onerous reporting requirements for contractors

The revisions to the Fair Play and Safe Workplaces Rule (FAR), enacted by Executive Order 13673 and the Department of Labor, have been contested by the construction industry since they were promulgated. Contractors have argued that the Order places an unreasonable and unconstitutional reporting burden on construction firms.

Edward T. DeLisle and Carl J. Vernetti, writing in Federal Construction Contracting Blog, review a decision by the U.S. District Court for the Eastern District of Texas that vindicates the construction industry’s position on this issue.

The authors assert that “the order and its accompanying revisions to the FAR place a new, heavy compliance burden on contractors in the form of tracking labor law proceedings, enhanced vetting of potential subcontractors, and generating new documentation to meet paycheck transparency mandates.”

The District Court “issued an injunction” halting, nationwide, the implementation of most of the Order. Contractors are no longer bound by the “reporting requirements for labor regulations” or “the restriction on the use of arbitration provisions.” The paycheck transparency provision was left in place.

The Court found that:

  1. The FAR Council and the Department of Labor “probably exceeded” their authority in implementing the reporting requirement.
  2. The “reporting requirements likely violate the First Amendment rights of contractors.”
  3. The FAR revisions “run afoul of government contractors’ due process rights.”
  4. The reporting requirements “constitute arbitrary and capricious agency action, in violation of the Administrative Procedure Act.”
  5. The revised provision ignores the Federal Arbitration Act, which has long been held by courts to give contractors the right to include arbitration clauses in their contracts.

This is an extraordinarily forceful vindication of the position contractors have held for years.

Source—

Federal Court Puts a Halt to “Fair Play and Workplaces,” Edward T. Delisle and Carl J. Vernetti, Federal Construction Contracting Blog, Nov. 4, 2016.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Survey: Optimism Dims For Private Sector Construction

ARLINGTON, VA - Construction contractors are less optimistic about many private-sector segments than they were a year ago, but their expectations for the public sector market have remained relatively bullish.

Latest News Latest NewsNews

Analysis: Restrictive Covenants And Non-Competes

RIVER EDGE, N.J. - The legal landscape with regard to non-compete agreements and other types of restrictive covenants has been tenuous for decades.

Latest News Latest NewsNews

Survey: Optimism Dims For Private Sector Construction

ARLINGTON, VA - Construction contractors are less optimistic about many private-sector segments than they were a year ago, but their expectations for the public sector market have remained relatively bullish.

Latest News Latest NewsNews

No Non-Compete: Good Or Bad Idea?

WASHINGTON, D.C. – With the new year came a newly proposed “no non-compete” rule from the FTC.

Latest News Latest NewsNews

Images From CSC 2022

LAS VEGAS - The next CSC is scheduled for Dec. 4-6, 2023 in Miami, but first here is a look back at images from Vegas.

Latest News Latest NewsNews

CSC 2022 – Heightened Focus On Design Practice

LAS VEGAS - This year’s Construction Super Conference is now in the books, and it was excellent. It was one of the better ones, in fact, that I’ve been to in a while.

Latest News Latest NewsNews

CSC 2022 – Force Majeure, Supply Chain, And More

LAS VEGAS - I just attended another great Construction Super Conference event in Las Vegas. It certainly feels as though the “new normal” is “back to normal.”

Latest News Latest NewsNews

CSC 2022 Networking Opportunities Abound

LAS VEGAS – Educational sessions are top notch at Construction Super Conference (CSC), but attendance at CSC is also a great opportunity to solidify existing relationships and build new ones at stellar networking events.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY