The future is uncertain for the controversial Blacklisting Rule - find out what parts of the new Rule are likely to go into effect and how you can prepare for compliance now.
As American businesses and government institutions prepare for the new Trump presidency, many federal contractors are bracing for potential impact – both good and bad. Although there is little doubt that significant changes are likely on their way, what those changes will look like is far from certain. The future of the controversial 'Fair Pay and Safe Workplaces' Executive Order (otherwise known as the 'Blacklisting Rule') is particularly unsettled, as its survival now hangs in the balance. The Blacklisting Rule, which was enjoined by a Texas federal court last October only hours before it was to take effect, would have imposed a host of new obligations on government contractors with more than $500,000 in government contracts. Those obligations include a requirement to report various labor law violations during the bid and proposal process, and restrictions on arbitration provisions, among other significant burdens. The only portion of the Rule to survive the Court’s rulings is its paycheck transparency obligations, which require contractors (as of January 1) to include certain information regarding the hours worked, compensation and overtime on employees’ paychecks. Although many government contractors are breathing a sigh of relief (for now), it is critical that contractors use this additional time to ensure that they are fully complying with the Rule’s paycheck transparency obligations and are prepared to shift back to implementation mode once the litigation is resolved. This topic will provide you with the necessary information and tools to do so.
Agenda
Faculty
Connie N. Bertram
Proskauer Rose LLP
- Partner in the Labor & Employment Law Department of Proskauer Rose LLP
- Head of the DC Labor & Employment practice, and co-head of the Whistleblowing & Retaliation, and Government Contractor Compliance & Relations Groups
- Concentrates practice on labor and employment, executive, whistleblower, government contractor and employee mobility counseling and litigation
- Advises federal government contractors and subcontractors on the many unique employment, affirmative action and other compliance issues that arise in the government contracts context, including: developing and implementing conflict of interest, ethics, and whistleblower policies and programs; investigating and defending False Claims Act and other whistleblower complaints; conducting internal audits and investigations; and advising contractors and subcontractors with respect to all aspects of Office of Federal Contract Compliance Programs (OFCCP), Service Contract Act (SCA), and Davis-Bacon Act compliance and defending OFCCP and Department of Labor audits and enforcement proceedings
- Co-editor of Proskauer’s Government Contractor Compliance & Regulatory Update blog, which tracks the near-daily developments in the compliance arena for government contractors and subcontractors, with a particular focus on developments involving the OFCCP and related agencies and departments
- Frequent speaker on a variety of labor and employment issues, has spoken at programs and seminars sponsored by Fed Pubs, Association of Corporate Counsel National Capital Region (ACC NCR), Georgetown University, ALI-ABA, the ABA, the District of Columbia Bar and the Virginia Bar, and at other seminars and training conferences
- Numerous publications have recognized her as leader in the profession, including Chambers USA and Super Lawyers
- Named the “Leading Lawyer” in labor and employment law by Legal Times in its most recent award series; was designated a “Top Washington Lawyer” in employment law by Washingtonian magazine in 2004, 2007, 2009, 2011 and 2013 and was also selected as “Top Washington Lawyer” in Employment Litigation by Washington Business Journal in 2009
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