Amendment in Defense Appropriations Bill Would Impact Contractors with FLSA Violations

Late last week the House of Representatives narrowly approved the inclusion of an amendment in the Department of Defense (DoD) appropriations bill that would prohibit the agency from using contractors that have incurred Fair Labor Standards Act (FLSA) violations within the past five years. Such violations would include a finding of fault and liability in any civil, criminal, or administrative proceeding, including entering into wage and hour conciliation agreements or consent decrees that include a “finding of fault.”