EXECUTIVE ORDERS HAVE YET TO UNDO BURDENS ON CONTRACTORS

Although President Trump has issued numerous Executive Orders since coming into office, none have yet to undo new requirements the Obama Administration placed on government contractors.  The most significant of these EO’s deals with fair pay and safe workplaces.  Now ensconced in regulation, the requirement mandates that contractors notify agencies of any violations in federal labor law that have taken place in the last three years when bidding on a contract with an estimated value of above $500,000.  Contractors had expected President Trump to overturn this EO, as well as one on paid leave.  While the Administration has not acted, Congress may.  Several House members recently introduced a resolution giving Congress 60 days to examine the fair pay rule under the Congressional Review Act.  This Act gives Congress the ability to repeal rules it finds objectionable if it acts within the 60 day time frame.  Meanwhile, although the rule is on the books, enforcement has been stayed while a lawsuit filed by the Associated Builders and Contractors is adjudicated.  As such, while the rule may be onerous, it is unclear if it will ever actually be implemented.