Associated Builders & Contrs. of Southeast Tex. v. Rung

Associated Builders & Contrs. of Southeast Tex. v. Rung

Opinion

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

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