On March 27, 2017, President Trump signed House Joint Resolution 37 under the Congressional Review Act, which in essence blocked the Fair Pay and Safe Workplaces Executive Order (the “Blacklisting Rule”) signed by President Obama. By signing this Resolution, the Blacklisting Rule and the Department of Labor guidance remain in place, but as a practical matter will not be enforced by the Trump Administration. This Resolution will have minimal impact on government contractors in the short term since the Eastern District of Texas already issued a preliminary injunction in 2016 enjoining the implementation of most of the Blacklisting Rule and guidance. However, President Trump’s signing of this Resolution signals a move by the Trump Administration toward pro-employer policies that candidate Trump promised on the campaign trail. A more in-depth summary of this Resolution by Alston & Bird Labor & Employment attorneys Brett Coburn and Anna Saraie can be found here (subscription required).
About Jeffrey Belkin
Jeff Belkin is a partner in and co-leader of the firm’s Construction & Government Contracts Group. Jeff represents contractors in False Claims Act and internal investigations, claims litigation and procurement protests, and advises on complex compliance issues.