[co-author: Ryan Harrigan - Associate ]

Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule. The move means federal contractors will not be exposed to the Rule’s mandatory disclosure and reporting requirements related to labor law violations and alleged violations. Because the Rule was invalidated pursuant to the rarely used Congressional Review Act (“CRA”), 5 U.S.C. §§ 801 et seq., agencies will now be prohibited from promulgating future regulations in “substantially the same form” as the disapproved rule, absent express congressional authorization. Click here for our earlier analysis of the recent legislation.