Tenley Carp Quoted in the Business Journals Article on Proposed Pay Transparency Rule

AGG partner and Government Contracts practice leader, Tenley Carp, was quoted in an article published in The Business Journals on February 9, 2024, discussing the Office of Federal Procurement Policy’s proposed rule calling for federal contractors and subcontractors to disclose pay information in any job posting. The proposed rules would also bar them from seeking and considering a job applicant’s compensation history when making hiring decisions in connection with federal contracts.

Tenley told The Business Journals that the proposed rule would affect huge numbers of people across the country, but she added that the rule will be hard for contractors to implement.

“I think everyone agrees with the idea that you don’t want to stand next to someone doing the same job and they are making more than you. If we are doing a great job, we want to be paid the same amount,” Tenley said.

However, Tenley shared that the proposed rule could create challenges for many government contractors, including those that are required to hire workers from previous contracts, meaning they need to know how much those workers made before.

Tenley said that listing pay information in job postings would allow companies to see how much other contractors are paying for certain services and jobs, noting that companies could then use that information to file protests when a contract is awarded to a competitor.

While the proposed rule could put contractors in positions where they might be bound by contradictory regulations, Tenley stressed that it’s unlikely the final rule wouldn’t take that feedback into account.

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