FAR 22.2107—Waiver of rights.
Plain-English Summary
FAR 22.2107 is a narrow but important labor-compliance rule that addresses waiver of employee rights under Executive Order 13706 and its implementing regulations at 29 CFR part 13. It covers two related prohibitions: employees themselves cannot give up those rights, and contractors cannot pressure, encourage, or otherwise induce employees to waive them. In practice, this means paid sick leave rights required on covered federal contracts are not optional, cannot be signed away in onboarding paperwork, and cannot be traded away through private agreements, releases, or side deals. The section exists to preserve the minimum labor protections established by the Executive Order and the Department of Labor regulations, and to prevent contractors from undermining those protections through contract language or employment practices. For contracting officers and contractors, the practical significance is that any waiver clause, acknowledgment, or settlement term affecting these rights must be reviewed carefully to ensure it does not conflict with the nonwaiver rule in 29 CFR 13.7.
Key Rules
No employee waiver
Employees cannot waive their rights under E.O. 13706 or 29 CFR part 13. Any agreement, form, or statement that purports to give up those rights is ineffective to the extent it conflicts with the rule.
No contractor inducement
Contractors may not induce employees to waive these rights. This prohibits direct or indirect efforts to pressure employees into surrendering paid sick leave protections, including through onboarding documents, employment agreements, or settlement terms.
Rights remain enforceable
The rule preserves the underlying statutory and regulatory protections even if an employee signs something to the contrary. A waiver does not eliminate the contractor’s obligations or the employee’s entitlement to the protected leave rights.
Cross-reference to DOL rules
The section points readers to 29 CFR 13.7, which contains the detailed nonwaiver requirements. Contractors and contracting officers should read this FAR provision together with the Department of Labor’s implementing regulations.
Responsibilities
Contractor
Must not ask, require, encourage, or pressure employees to waive rights protected by E.O. 13706 or 29 CFR part 13. Must ensure employment documents, policies, and settlement agreements do not contain prohibited waiver language.
Employee
Cannot validly waive the protected rights covered by this rule. If presented with a waiver, the employee’s signature does not eliminate the rights protected by the Executive Order and regulations.
Contracting Officer
Should be aware that contractor practices or contract language cannot override the nonwaiver rule and should refer compliance issues involving waiver language to the appropriate labor compliance channels when identified.
Agency
Must administer covered contracts consistently with the nonwaiver requirement and ensure labor standards are not weakened through contract terms or contractor practices.
Practical Implications
Do not include waiver language in offer letters, onboarding packets, separation agreements, or releases if it would affect E.O. 13706 rights.
A signed document does not necessarily protect the contractor if the document unlawfully waives paid sick leave rights; the waiver may be unenforceable and create compliance exposure.
Contractors should train HR and subcontract management staff to avoid informal pressure on employees to trade away leave rights.
When reviewing disputes or settlements, check whether any term attempts to limit rights under 29 CFR part 13; if so, it may be invalid.
The safest practice is to treat these rights as mandatory minimum labor protections that cannot be bargained away or privately contracted around.
Official Regulatory Text
Employees cannot waive, nor may contractors induce employees to waive, their rights under E.O. 13706 or 29 CFR Part 13 (see 29 CFR 13.7 ).