Senate ends reporting requirement for federal contractors

March 9, 2017

SHRM. The original rule was part of the Fair Pay and Safe Workplaces regulations. The blacklisting provisions required contractors to disclose in the initial bid process whether they had been the subject of adverse litigation, arbitration or administrative proceedings involving any of 14 federal labor laws in the last three years. “The blacklisting rule was problematic for federal contractors because it would have required them to disclose nonfinal matters,” attorney Alissa Horvitz said. “Before the contractor had a right to full due process and before the matter had reached a final resolution, the contractor would have been compelled to reveal it. The concern was that federal procurement officers, who did not have labor law or employment law training, would use the disclosed information inappropriately to decide not to award the contract.” Critics, including Senator Elizabeth Warren, disagree. She released a report on March 6 that stated that:

  • Half of the largest wage assessments in 2009 were made against 20 companies that received federal contracts
  • 66 of the 100 largest federal contractors have been caught breaking federal labor laws
  • All of the top 10 contractors have been cited for federal labor law violations
The report criticized congressional Republicans revoking protections Obama put into place: “Doing so will harm millions of American workers”.]]>

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