• CSC20logograyorangenoyear
  • CSC 2022
      • 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
        • Speakers
        • Become a Speaker
        • MCLE Accreditation
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • CSC 2022
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • Speakers
      • Become a Speaker
      • MCLE Accreditation
    • 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 6 – 8, 2022 |
MGM Grand, Las Vegas

Sign Up 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

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

AGC Urges End To Tariffs

ARLINGTON, VA - Prices of materials and services for nonresidential construction leaped nearly 21 percent from year-ago levels, according to an analysis by the Associated General Contractors of America of government data.

Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

Pandemic Lessons Loom

LAS VEGAS – Everyone hopes the pandemic is a once-in-a-century event, but contract language never sleeps. Construction attorneys, contractors, and governments can learn from pandemic issues in a variety of ways.

Latest News Latest NewsNews

AGC Calls For Tariff Relief

AGC urged the Biden administration to relieve major cost pressures by removing remaining tariffs.

Latest News Latest NewsNews

Industry News: $125K Fine; White House Budget; Giordano Appointed

NEW YORK – New York Attorney General Letitia James announced via press release that her office secured $125,000 from a contractor who skirted diversity requirements.

Latest News Latest NewsNews

Pete Fowler Construction Services – A Problem Solver

SAN CLEMENTE, CA – After 25 years in the consulting business, the employees at Pete Fowler Construction Services (PFCS) have seen a lot. While much has changed since the San Clemente-based consulting firm opened its doors in 1997, some things r
Latest News Latest NewsNews

Supply Chain Delays: What Claim Issues Are You Seeing?

In many industries, the “supply chain” mantra is familiar and persistent. This month we continue the topic with a focus on claims specifically related to delays.

SHOW INFORMATION

SIGN UP

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

Sign Up
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2022 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY