OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of Labor (“DOL”) to promulgate regulations addressing new protections adopted in the Order.
DOL published proposed regulations in September 2014. The public notice and comment period closed in December 2014. Last week, DOL sent an updated version of its proposed regulations to OMB for final approval. Once the OMB approves the final version of the regulations, they will be published and released to the public. Contractors should undertake a review of their compensation, employment, confidentiality, and other agreements that address employee confidentiality obligations to determine whether they limit employees’ ability to discuss their compensation.
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