New law may bar contractors from federal construction

Effective Oct. 25, federal agencies will have the ability to disqualify contractors if they have violated any of 14 labor and employment laws along with any equivalent state laws, for all federal construction contracts totaling $500,000 or more, labor and materials included.

The Fair Pay Act seeks to hold contractors accountable for following the laws by forcing them to disclose any violations from the previous three years:

  • Fair Labor Standards Act.
  • Occupational Safety and Health Act of 1970.
  • Migrant and Seasonal Agricultural Worker Protection Act.
  • National Labor Relations Act.
  • 40 U.S.C. chapter 31, subchapter IV, also known as the Davis-Bacon Act.
  • 41 U.S.C. chapter 67, also known as the Service Contract Act.
  • Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity).
  • section 503 of the Rehabilitation Act of 1973.
  • 38 U.S.C. 3696, 3698, 3699, 4214, 4301-4306, also known as the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
  • Family and Medical Leave Act.
  • Title VII of the Civil Rights Act of 1964.
  • Americans with Disabilities Act of 1990.
  • Age Discrimination in Employment Act of 1967.
  • Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

The rule will be slowly rolled out in phases, giving prime contractors and subcontractors a chance to gather all the appropriate information and ease into the new rules.



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