For the past eight years, as President Obama was unable to push much of his legislative agenda through Congress, federal contractors have faced an onslaught of increasing regulatory burdens and an aggressive enforcement agency. Will the positions of the Office of Federal Contract Compliance Programs soften under a Trump Administration? Here are my predictions.
Fair Pay & Safe Workplaces – The Executive Order and its regulations requiring contractors to report labor law violations when bidding on government were recently enjoined. Given Corporate America’s steadfast opposition to and the cost of these mandates, the new administration may either abandon efforts to enforce this or significantly change the scope to reduce the impact on contractors.
Paid Sick Leave – Although President-Elect Trump has voiced support for paid maternity leave, his administration may determine that the Obama Administration’s paid sick leave rule is overly expansive and too difficult to administer. A complete rescission may be too much to hope for, but perhaps a modification of the recordkeeping and tracking requirements could be in the works.
Pay Transparency – Don’t expect any changes here! Not controversial, and largely in line with existing law.
Sex Discrimination Regulations and LGBT Non-Discrimination – Again, I would not expect significant changes here. Mr. Trump has espoused general support for LGBT rights, and most of the OFCCP’s rules, discussed here and here, are consistent with the stance of the Equal Employment Opportunity Commission anyway.
New Regulations Implementing Section 503 and VEVRAA – Don’t hold your breath waiting for these to be rolled back. Who’s not in favor of hiring more veterans and individuals with a disability?
TRICARE Jurisdiction – It is possible that a new Secretary of Labor may decide to accept Congress’ interpretation of the National Defense Authorization Act and decline to assert jurisdiction over TRICARE network providers.
EEO-1 Reports – Employers and federal contractors will be required to report detailed information on employees’ total wages and total hours worked. Given Mr. Trump’s (and Ivanka Trump’s) clearly articulated position on equal pay, this may be here to stay.
Although some changes (and improvements) may be in store for federal contractors, President Obama and his administration have left an indelible mark on federal contractors.