On March 27, 2017, President Trump signed a joint resolution passed by Congress that revokes the regulations implementing former President Obama’s Executive Order (E.O.) 13673, officially titled “Fair Pay and Safe Workplaces,” but better known by federal contractors as the “blacklisting” order. Effective March 27, federal contractors are under no obligation to comply with any of the provisions of the blacklisting E.O. and its implementing regulations, including the so-called “paycheck transparency” requirements, which were the only portion of the E.O. that had actually gone into effect.
These paycheck transparency requirements obligated covered contractors to provide certain information, including hours worked and overtime payments, to employees in the form of “wage statements.”
Perhaps because of the similarity in terminology, it has been brought to our attention that some organizations have erroneously reported that the blacklisting repeal eliminated both the paycheck transparency provisions that were a part of the now-repealed blacklisting rules, and the separate pay transparency, also referred to as the “pay secrecy,” requirements enforced by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) under another Obama Executive Order that amended E.O. 11246. This is incorrect.
To be clear, the pay transparency E.O. (13665) and OFCCP’s implementing regulations — which prohibit discrimination against applicants or employees who inquire about or disclose their pay or the pay of others, and require contractors to post a mandated “pay transparency” policy statement — are still in full force and effect.
Members of the Equal Employment Advisory Council (EEAC) can read more here.