With today’s publication of the final guidance and regulations implementing the “Fair Pay and Safe Workplaces” Executive Order (also known as the “Blacklisting” or “Bad Actors” Executive Order), mistakes that violate the FMLA or ADA (along with many other employment laws) could block an employer from lucrative federal contracts or subcontracts.  Federal contractors and those hoping to become federal contractors or subcontractors will soon have to publicly disclose administrative agency decisions, arbitral awards and civil judgments against them.  Violations will now cost more than just the original judgment – they could prevent the employer from obtaining or retaining  a federal contract or subcontract.

As with most things, an ounce of prevention is worth a pound of cure.  Employers are wise to develop practical and effective accommodation and leave management programs to help avoid the issues lurking under every medical restriction or leave request.  Even more important is to develop well-trained managers and HR professionals who are adept at handling the many intricacies of these laws and know when to get outside help before a little issue turns into a reportable violation.

The effective date of the regulations is just two months away, October 25, 2016.  To read more about the regulations, click here.