U.S. Department of Labor’s Wage and Hour Division (WHD) Archives • DirectEmployers Association

OFCCP Week In Review: September 5, 2023

U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases
JOLTS Report – Job Openings Decreased by 338k in July, Rate Went Down to 5.3%
New DE Talk Podcast Discussed Recruiting & Retaining Talent in Addiction Recovery
U.S. DOL’s WHD Revealed Overtime Rule Proposal
OSHA Proposed Radical Union-Friendly Revisions to Rule Regarding Employee Representatives for Safety Inspections
U.S. NLRB Announced Revised Stricter Standard on an Employer’s Duty to Bargain Before Changing Its Terms and Conditions of Work
October 31st Set as Opening Date for Revised EEO-1 Survey Component 1 Data Collection
Economy Added Only 187k Jobs in August, Unemployment Rate Rose to 3.8%
In Brief
Looking Ahead: Upcoming Date Reminders

Job Search Website Operator Agreed to Electronically Scan and Remove Language in Job Postings Which Limited Jobs in the U.S. to Foreign Applicants
OFCCP Requested Public Comments (Again) on Proposed Changes to Disability Self ID Form
OFCCP Quietly Updated (Again) FOIA Objection Submissions Deadline to March 31
USDOL WHD Provided Second Comment Period on Proposal to Revise the Existing WD-10 Form for Federal Construction Contractors
An Employer’s Failure to Post the Employee Rights Notice Will Now Cost $659 Per Violation
USCIS Ended Covid Flexibilities for Response to Certain Notices & Requests
In Brief
Looking Ahead: Upcoming Date Reminders

USDOL Formally Proposes Six-Part Test to Determine Independent Contractor Status Under the FLSA
USDOL’s NDEAM Employer Chat on Workplace Mental Health Underscored Equity & COVID Impact
In Brief
Looking Ahead: Upcoming Date Reminders

It Starts: Again. Texas Sued the EEOC Over Its Workplace Transgender Bathroom Guidance
Joint-Employer Rescission Rule Pushed Back Due To Technicality
Advisory Committee On Apprenticeships Is Now Staffed and Is Hosting a Public Meeting
Nine Organizations Identified in the Employment Navigator and Partnership Pilot to Assist Transitioning Service Members & Spouses
USDOL Delayed Returning Its Employees To Work In The Office: Teleworking To Remain Until The Start of Calendar 2022
A New Tip Rule Provides More Employee-Friendly Provisions
The Deadline for the White House Gender Policy Council Strategy Report to The President Has Passed Without Announcement
By Executive Fiat, White House Task Force Suddenly Extended a COVID-19 Vaccine Mandate to Include ALL Employees of Federal Contractors and Subcontractors

New FLSA and FMLA Guidance on Return to Work and the FFCRA
The NLRB Draws the Line on Abusive and Offensive Statements
Federal Government Contractors Must Review Compensation Systems
OFCCP Updates on Conciliation, Mediation, and the Ombuds Service
Senate Confirmed NLRB Board Members Kaplan and McFerran To New NLRB Terms In Office
Honoring and Educating: The Celebration of the 30th Anniversary of the ADA