A federal district court in Texas this week issued a preliminary injunction preventing major provisions of President Obama’s Fair Pay and Safe Workplaces, or “blacklisting,” Executive Order (E.O.), and relevant portions of the E.O.’s implementing regulations and regulatory guidance, from going into effect.
As a result of the court’s order, the blacklisting rules’ provisions implementing the contractor reporting requirements, which were to begin for the largest covered contracts earlier this week, as well as the anti-arbitration provisions, have now been indefinitely postponed while the court considers the merits of the legal challenge to the rules.
Importantly, however, the paycheck transparency provisions of the rules, which are scheduled to go into effect on January 1, 2017, were not enjoined.
A copy of the court’s decision in Associated Builders and Contractors of Southeast Texas v. Rung, No. 1:16-CV-425 (E.D. Texas October 24, 2016), is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.