Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors and subcontractors to provide their employees working on covered government contracts with up to seven days of paid sick leave per year, effective for federal contracts entered into on or after January 1, 2017. On September 11, 2015, the Department of Labor (DOL) issued its Final Rule on Executive Order 13665, which amended Executive Order 11246 to prohibit “pay secrecy policies and actions” for government contractors and subcontractors. The Final Rule prohibits federal contractors and subcontractors from discriminating against their employees or applicants for inquiring about, discussing, or disclosing compensation information, carves out an affirmative defense to alleged violations with regard to certain categories of employees, and requires covered contractors to include a mandatory notice in their existing employee handbooks and to inform employees and applicants of the nondiscrimination prohibition. The Final Rule becomes effective January 11, 2016.
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