Thank You For Submiting Feedback!
United States District Court for the Eastern District of Texas
October 24, 2016, Decided; October 24, 2016, Filed
CIVIL ACTION NO. 1:16-CV-425
MEMORANDUM AND ORDER GRANTING PRELIMINARY INJUNCTION
Pending before the court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (#4) in which they seek to enjoin the implementation [*2] of Executive Order 13673 along with the enforcement of a certain Federal Acquisition Regulations ("FAR") and corresponding guidance from the United States Department of Labor ("DOL"). See Federal Acquisition Regulation, "Fair Pay and Safe Workplaces," 81 Fed. Reg. 58562 (Aug. 25, 2016) (to be codified at 48 C.F.R. pts. 1, 4, 9, 17, 22, 42, and 52); Guidance for Executive Order 13673, "Fair Pay and Safe Workplaces," 81 Fed. Reg. 58654 (Aug. 25, 2016) (to be codified at 48 C.R.F. pts. 22 and 52). Having considered the motion, the response, the reply, the parties' oral arguments during the hearing conducted on October 21, 2016, the supplemental briefing, and the applicable law, the court GRANTS the requested injunction in part and preliminarily enjoins implementation of those portions of Executive Order 13673, as implemented by the FAR Rule published at 81 Fed. Reg. 58562 (Aug. 25, 2016), and the DOL's Guidance regarding the FAR Rule, incorporated by reference therein, 81 Fed. Reg. 58654 (Aug. 25, 2016), that impose new reporting requirements regarding labor law violations, as defined therein, on government contractors and subcontractors and that prohibit pre-dispute arbitration agreements regarding matters arising under Title VII of the Civil Rights Act and torts based on sexual assault or harassment. As grounds for this Order, the court issues the following Findings of Fact and Conclusions of Law.
I. Findings [*3] of Fact
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2016 U.S. Dist. LEXIS 155232 *; 167 Lab. Cas. (CCH) P36,481; 100 Empl. Prac. Dec. (CCH) P45,671
ASSOCIATED BUILDERS AND CONTRACTORS OF SOUTHEAST TEXAS, et al., Plaintiffs, versus ANNE RUNG, Administrator, Office of Federal Procurement Policy, Office of Management and Budget, et al., Defendants.
DOL, executive order, contractors, FAR Rule, labor law, violations, contracting, determinations, merits, government contractor, subcontractors, government contract, alleged violation, arbitration, employees, procurement, enjoined, irreparable harm, implemented, regulations, disqualify, agencies, contested, decisions, non-final, courts, rights, NLRB, disclosure requirements, arbitration agreement