EEOC Updates COVID-19 Guidance. On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance as it relates to the testing of employees in the workplace. Since the start of the pandemic, the...more
7/18/2022
/ Americans with Disabilities Act (ADA) ,
Appropriation ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Budget ,
Federal Contractors ,
Guidance Update ,
NDAA ,
NLRB ,
NPRM ,
Service Contracts ,
Union Elections ,
Union Representatives ,
Wage and Hour
Last week, in part one of our two-part Summer Forecast of labor and employment-related legislative and agency developments, the Buzz took a look at the U.S. Congress and what our legislators might have in store for employers...more
6/13/2022
/ Blacklist ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Legislative Agendas ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Regulatory Agenda ,
USDA ,
Wage and Hour
Contractor Watchdog Releases Audit List. Late last week, the Office of Federal Contract Compliance Programs (OFCCP) released its new Corporate Scheduling Announcement List (CSAL) for federal contractors. According to OFCCP,...more
5/31/2022
/ Audits ,
Congressional Committees ,
Construction Industry ,
Coronavirus/COVID-19 ,
CSALs ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Heat Exposure ,
Infectious Diseases ,
OFCCP ,
OSHA ,
Presidential Nominations ,
Workplace Violence
EEOC, DOJ Issue Guidance on AI in the Workplace. -
On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential...more
5/16/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Blacklist ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
New Guidance ,
Wage and Hour ,
White-Collar Exemptions
This week, President Biden released his budget for fiscal year (FY) 2023, which begins on October 1, 2022. As the Buzz has written many times in the past, because the U.S. Congress has the “power of the purse” and is solely...more
4/4/2022
/ Biden Administration ,
Corporate Taxes ,
Federal Budget ,
Federal Contractors ,
NPRM ,
OFCCP ,
OSHA ,
Reporting Requirements ,
Retirement Plan ,
SECURE Act ,
Tax Reform
The U.S. Senate Committee on the Judiciary held hearings this week on Judge Ketanji Brown Jackson’s nomination to be an associate justice of the Supreme Court of the United States. Republican senators focused on Judge...more
3/28/2022
/ Arbitration ,
Coronavirus/COVID-19 ,
Federal Arbitration Act ,
Federal Contractors ,
Hairstyle Discrimination ,
Health Care Providers ,
Mandatory Arbitration Clauses ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Nominations ,
SCOTUS ,
Senate Confirmation Hearings ,
Workplace Safety
Trump-Era Independent Contractor Rule Reinstated. In a decision issued on March 15, 2022, the U.S. District Court for the Eastern District of Texas reinstated the U.S. Department of Labor’s (DOL) rule, “Independent Contractor...more
3/21/2022
/ Caregivers ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
OFCCP ,
Prevailing Wages ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
PLAs on the Way? President Joe Biden signed an executive order today requiring project labor agreements (PLAs) for all federal construction projects costing more than $35 million. Although the text of the order is not...more
2/7/2022
/ America Competes Act ,
Biden Administration ,
Construction Project ,
Executive Orders ,
Federal Contractors ,
NLRB ,
Project Labor Agreements ,
Public Projects ,
Ruth Bader Ginsberg ,
Union Organizers ,
Unions
Supreme Court Justice Stephen Breyer has notified President Joe Biden of his intention to retire at the end of the Court’s current term. Interestingly, Justice Breyer indicated that his retirement would perhaps be conditioned...more
Nuclear Fallout. U.S. Senate Majority Leader Chuck Schumer deployed the so-called “nuclear option” this week by seeking to eliminate the legislative filibuster as applied to election reform legislation. (This procedure is...more
1/24/2022
/ American Rescue Plan Act of 2021 ,
Arbitration ,
Arbitration Agreements ,
Employment Discrimination ,
Federal Contractors ,
Filibuster ,
NLRB ,
OFCCP ,
PBGC ,
Pensions ,
Proposed Legislation ,
Union Membership ,
Unions
With 2022 underway, set forth below are the major labor and employment policy issues that the Buzz is keeping an eye on as we begin a new (midterm election) year.
COVID-19 Vaccine Requirements. Today the Supreme Court of...more
1/10/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Commuting ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Infectious Diseases ,
NLRB ,
OFCCP ,
Oral Argument ,
OSHA ,
Presidential Nominations ,
Proposed Legislation ,
Relief Measures ,
SCOTUS ,
Severe Weather ,
Union Organizers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Federal Contractor Vax Requirement Blocked.
On December 7, 2021, the United States District Court for the Southern District of Georgia preliminarily enjoined President Joe Biden’s Executive Order (EO) 14042 (requiring...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
NLRB ,
OSHA ,
Preliminary Injunctions ,
Regulatory Agenda ,
Temporary Regulations ,
Vaccinations
Congress: Always in Crisis Mode. The U.S. Congress returned this week for a three-week sprint to the end of the legislative year. With so much on its plate, it is quite possible that Congress will be working up to and around...more
12/6/2021
/ Budget Reconciliation ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Debt Ceiling ,
Federal Budget ,
Federal Contractors ,
Government Shutdown ,
Legislative Agendas ,
Members of Congress ,
OFCCP ,
OSHA ,
Proposed Legislation ,
Vaccinations
Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more
11/12/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Infrastructure ,
New Legislation ,
NLRB ,
NPRM ,
OFCCP ,
OSHA ,
Public Comment ,
Religious Exemption ,
Temporary Regulations ,
Unfair Labor Practices ,
Unions ,
Vaccinations
OSHA Issues Vaccine ETS -
The Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on November 5, 2021. The ETS, which is effective...more
11/8/2021
/ Administrative Hearings ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Arbitration ,
Artificial Intelligence ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
NLRB ,
OSHA ,
Proposed Legislation ,
Suppliers ,
Temporary Regulations ,
Unfair Labor Practices ,
Vaccinations ,
Videoconference ,
Virus Testing
Congressional Drama. -
There was drama this week on Capitol Hill, as Congress juggled four major issues: funding for the federal government, a bipartisan bill to rebuild our nation’s infrastructure, a $3.5 “human...more
10/4/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
DACA ,
Debt Ceiling ,
Fair Labor Standards Act (FLSA) ,
Federal Budget ,
Federal Contractors ,
Government Shutdown ,
Infrastructure ,
Infrastructure Financing ,
Legislative Agendas ,
NLRA ,
NLRB ,
OSHA ,
Tax Credits ,
Temporary Regulations ,
USCIS ,
Vaccinations
Congressional Update, Part I: Budget Brinksmanship.
This time next week, we could be in the middle of a government shutdown. Always the masters of brinksmanship, our congressional legislators still do not have a deal to...more
9/27/2021
/ Budget Reconciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Federal Contractors ,
Federal Funding ,
Government Shutdown ,
Heat Exposure ,
International Travel ,
Joint Employers ,
OSHA ,
Path To Citizenship ,
Political Parties ,
Reconciliation ,
Travel Restrictions ,
Vaccinations ,
Workplace Hazards
Administration to Mandate Vaccines for Federal and Private-Sector Employees. President Joe Biden this week dramatically ramped up his administration’s efforts to increase COVID-19 vaccination rates across the country....more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Federal Contractors ,
Federal Employees ,
Federal Labor Laws ,
Legislative Agendas ,
NLRB ,
Private Sector ,
Public Sector ,
Unions ,
Vaccinations ,
Wage and Hour
RIP, Richard Trumka. AFL-CIO President Richard Trumka died unexpectedly this week at the age of 72. A former coal miner, Trumka became president of the United Mine Workers of America in 1982....more
8/9/2021
/ AFL-CIO ,
American Rescue Plan Act of 2021 ,
Arbitration ,
Department of Labor (DOL) ,
Federal Contractors ,
Infrastructure ,
Minimum Wage ,
Olympics ,
Pending Legislation ,
Pregnancy ,
Presidential Nominations ,
Proposed Legislation ,
Senate Confirmation Hearings ,
Tax Credits ,
Unions
Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more
7/26/2021
/ Administrative Procedure Act ,
Biden Administration ,
Comment Period ,
Congressional Committees ,
Consumer Price Index ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Federal Contractors ,
Kamala Harris ,
Minimum Wage ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Proposed Legislation ,
Proposed Regulation ,
Senate Confirmation Hearings ,
Tipped Employees ,
Union Elections ,
Unions ,
Wage and Hour
In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more
5/21/2021
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Graduate Students ,
H-1B ,
H-4 Spouses ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
OFCCP ,
OIRA ,
OSHA ,
Popular ,
Presidential Nominations ,
Prevailing Wages ,
Public Charge ,
Religious Exemption ,
Revocation ,
Student Employees ,
Tipped Employees ,
Trump Administration ,
Unions ,
USCIS ,
Wage and Hour
Biden Releases American Families Plan -
This week, the White House released an outline of its American Families Plan, which is being touted as the second phase of the administration’s infrastructure proposal (dubbed the...more
5/3/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Education Budget ,
Employee's Childcare ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Agency Taskforce ,
Federal Contractors ,
Infrastructure ,
IRS ,
Minimum Wage ,
NLRB ,
OSHA ,
Paid Family Leave Law ,
Paid Sick Leave ,
Proposed Legislation ,
Senate Confirmation Hearings ,
Unemployment Benefits ,
Union Organizers ,
Unions
Secretary of Labor Confirmed. On March 23, 2021, former Boston mayor Martin Walsh was sworn in as the 29th U.S. Senate-confirmed secretary of labor. Walsh’s nomination had been approved by the Senate just one day earlier on a...more
3/29/2021
/ Anti-Discrimination Policies ,
Biden Administration ,
Conciliation ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
OFCCP ,
Paycheck Protection Program (PPP) ,
Pending Legislation ,
Religious Exemption ,
SBA ,
Secretary of Labor ,
Senate Confirmation Hearings ,
Tipped Employees ,
Wage and Hour ,
Workplace Safety
On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act of 2021 - a $1.9 trillion economic relief package. While the legislation marks the first major legislative victory for President Biden and...more
3/15/2021
/ Affordable Care Act ,
American Rescue Plan Act of 2021 ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Direct Payments to Families and Individuals ,
Economic Stimulus ,
Employer Group Health Plans ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Multiemployer Plan ,
OSHA ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Tax Credits ,
Unemployment Benefits ,
Workplace Safety
Status Check on Congress. We are more than one week into the Biden administration and the president has made progress filling out his cabinet. Antony Blinken (U.S. secretary of state), Janet Yellen (U.S. secretary of the...more
2/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
H-4 Spouses ,
Minimum Wage ,
NLRB ,
OIRA ,
Opinion Letter ,
Proposed Legislation ,
Rescission ,
Revocation ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Safety