Weekly Update Newsletter - September 2015

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GOVERNMENT CONTRACTS

President Obama Signs Executive Order Establishing Paid Sick Leave for Federal Contractors

President Obama signed an Executive Order on Monday September 7, 2015, requiring federal contractors to offer their employees up to seven days of paid sick leave per year. A fact sheet describing the executive order and the need for more worker protections was also released by the White House on the same day. The order allows for approximately 300,000 people working on federal contracts to accrue up to seven days of paid sick leave each year, earning a minimum of one hour of paid sick leave for every 30 hours worked.

See also Nichole Atallah's recent PM Legal Minute blog article on the Executive Order.

OFCCP Issues Final Rule Regarding Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions

The Office of Federal Contract Compliance Programs (OFCCP) issued a final rule to implement Executive Order 13665 (“EO”) prohibiting federal contractors from discriminating against, in any manner, employees and job applicants who inquire about, discuss, or disclose their own compensation or the compensation of other employees or applicants, 80 Fed. Reg. 54934

The EO amends Executive Order 11246, which prohibits employment discrimination because of race, color, religion, sex, sexual orientation, gender identity, or national origin, by revising the mandatory equal opportunity clauses that are included in Federal contracts and subcontracts, and federally assisted construction contracts, and creating contractor defenses.

The final rule defines key terms used in the EO and adopts other key provisions in the notice of proposed rulemaking. The final rule also adds a section to the implementing regulations for Executive Order 11246. The additional section not only describes potential defenses for contractors but also requires contractors to notify employees and job applicants of the nondiscrimination protection created by the EO using existing methods of communicating to applicants and employees. The final rule will become effective January 11, 2016. 

DOD, GSA, and NASA Issue Small Entity Compliance Guide

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued the Small Entity Compliance Guide, 80 Fed. Reg. 53440. The Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. The Small Entity Compliance Guide consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-84, which amends the Federal Acquisition Regulation. 

NOTICES

Committee for Purchase From People Who Are Blind or Severely Disabled 
The Following Notices Were Issued:

80 Fed. Reg. 53501, September 4, 2015, proposing to add products (Purell-Skilcraft ADX 1200 ml Dispenser; Purell Instant Hand Sanitizer; Gaiter, Fire Resistant Environmental Ensemble (FREE)) and delete products (USMC Sun Hats) from the Procurement List. Comments on the proposed additions and deletions are due October 5, 2015. 

80 Fed. Reg. 53502, September 4, 3015, to add products (Bib, Baby, Halloween; Socks, Halloween; Gloves, Halloween; Party Favors, Halloween) and delete a product (Belt, General Officers, Leather, Army, Black) from the Procurement List. The additions and deletion will become effective October 5, 2015. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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