E.O. 13665 Final Rule Pending at OMB

Date: 7/22/15
Title: E.O. 13665 Final Rule Pending at OMB

 E.O. 13665 “Non-Retaliation for Disclosure of Compensation Information” Final Rule Pending at OMB

On July 7, 2015, the OFCCP submitted to the Office of Budget and Management (OMB) for review its final rule on regulations to implement E.O. 13665 that prohibits federal contractors/subcontractors from retaliating against employees or applicants for disclosing and discussing compensation information. The OMB has 90 days to complete its review; however, the review period may be extended. 

The rule states “the contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information."

If finalized, the E.O. would apply to all federal contractors with contracts entered into or modified on or after the effective date of the rules that exceed $10,000 in value.  For more information on E.O. 13665.

Disclaimer: The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the U.S. Department of Labor. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.