New “Fair Pay and Safe Workplaces” Executive Order Dramatically Increases Risks for Government Contractors

The White House has issued another Executive Order (EO) aimed at federal contractors, and it is the most sweeping order to date. The EO, titled “Fair Pay and Safe Workplaces,” was issued July 31, 2014 and is intended – according to the accompanying White House Fact Sheet – to “crack[] down on federal contractors who put workers’ safety and hard-earned pay at risk.” The EO imposes multiple new obligations on government contractors and greatly increases the risks that such contractors will confront in performing services for the government. In a number of its provisions, the EO is unprecedented in its scope and may very well exceed the President’s authority under the laws enacted by Congress.