Tag Archives: Federal Legislative Update

Time for Employers to Review Their Arbitration Agreements for Settling Sexual Assault and Sexual Harassment Claims

On March 3, 2022 President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342/HR 4445)(“Act”) into law, making it effective immediately. The Act amends the Federal Arbitration Act (FAA) to give employees who are parties to arbitration agreements with their employers the option of bringing claims […]

Reminder: Posting of Summary of Work-Related Injuries and Illnesses (Form 300A)

The Occupational Safety and Health Administration (OSHA) requires employers to post their 2021 Summary of Work-Related Injuries and Illnesses (Form 300A) by April 30. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and […]

OSHA Announced Increase Enforcement in Healthcare Sector

The Occupational Safety and Health Administration (OSHA) launched an initiative to protect healthcare workers at hospitals and skilled nursing care facilities that treat or handle COVID-19 patients. The goal is to control the spread of COVID-19 and its future variants and protect the health and safety of healthcare workers at heightened risk for contracting the […]

OSHA Proposes Changes: A Permanent Standard for Healthcare Workers and Updated Injury, Illness and Recordkeeping Regulations

The Occupational Safety and Health Administration (OSHA) has announced a proposed permanent standard for healthcare workers related to protecting against COVID-19 in the workplace, in addition to, proposed amendments to its injury, illness and recordkeeping regulations. Proposed Healthcare Standard OSHA is seeking comments on a proposed Final Rule to protect healthcare workers from COVID-19. Recall […]

DHS Will End COVID-19 Temporary Policy of Accepting Expired List B Documents

Beginning May 1, the Department of Homeland Security (DHS) is ending the COVID‑19 Temporary Policy for List B Identity Documents. DHS adopted the temporary policy in response to the difficulties many individuals had with renewing documents during the COVID-19 pandemic. DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing […]

DHS Seeking Public Comments on Proposed Revisions to Form I-9

The current Form I-9 expires on October 31, 2022, and the Department of Homeland Security (DHS) is seeking public comment on a proposed extension and changes to Form I-9 instructions and the Form I-9. DHS published Federal Register notice 87 FR 18377 on March 30 to invite public comments on its proposed extension of and […]

E-Verify Records Disposal Date Extended to May 6, 2022

E-Verify is extending the date of records disposal from March 31, 2022, to May 5, 2022, giving employers more time download E-Verify case information. On May 6, 2022, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before December 31, 2011. Employers are required to […]

U.S. Department of Labor Announces Plan to Add 100 Wage & Hour Investigators, and Employers Should Take Notice

On February 1, 2022, the U.S. Department of Labor (DOL) announced plans to add 100 investigators to support its Wage and Hour Division (WHD). Investigators will conduct investigations to ensure workers are receiving their full wages, promote compliance through outreach and public education programs, aid in efforts to fight against worker retaliation and the misclassification of […]

Five-Factor Independent Contractor Rule Reinstated

The federal standard for determining independent contractor status has been on a pendulum since a Trump administration rule (Rule) was established that made it easier for employers to classify workers as independent contractors under a five-factor test. As we previously reported, the Trump era Rule was set to take effect in March 2021, but it […]

DOL Proposes Updates to Davis-Bacon and Related Acts

On March 11, 2022, the U.S. Department of Labor (DOL) announced a proposed rule to update certain provisions of the Davis-Bacon Act and other related laws that regulate wage rates for federal and federally assisted construction projects. The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in […]