Wage and Hour Division (WHD) Archives • DirectEmployers Association

OFCCP Week In Review: January 16, 2024

US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule
US DOL Adjusted Civil Monetary Penalties Per Inflation Adjustment Act
In Brief
Looking Ahead: Upcoming Date Reminders

JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8%
U.S. NLRB Adopted a Stricter Standard for Employers to Justify Workplace Rules
OFCCP Announced “Pre-Enforcement Notice & Conciliation Procedures” Final Rule Ending Agency Transparency in Audits And Clear Expectations
U.S. I.C.E. Proposed New I-9 Remote Document Examination Pilot & Information Collection for Non-E-Verify Participants
Economy Added Only 187k New Jobs in July, Unemployment Rate Nonetheless Down Slightly to 3.5%
Breaking News Brief – EEOC Announced Proposed Regulations to Implement PWFA
In Brief
Looking Ahead: Upcoming Date Reminders

Illinois Set to Become First U.S. State to Count Arab Americans When Collecting Public Data
OMB Working Group Now Preparing Final Recommendations to Overhaul Federal Race & Ethnicity Data Collections
Top 5 Actions to Take After Completing AAP Discussed in New DE Talk Minisode
Percentage of Older Women in U.S. Workforce Nearly Doubled Since 1980, USDOL Reported
USDOL WHD Announced First PUMP Act Enforcement Action
In Brief
Looking Ahead: Upcoming Date Reminders

In the Ongoing Push to Make More Companies Liable for Worker Employment Claims, California Again Seeks to Set the Pace
U.S. NLRB Ruled Employers May Not Include Confidentiality or Non-Disparagement Provisions in Severance Agreements
U.S. Supreme Court Held FLSA’s Overtime Exemption Does Not Apply to Highly Paid, Daily-Rate Worker
U.S. Bureau of Labor Statistics Reported Employment of Workers with Disabilities Increased in 2022
In Brief
Looking Ahead: Upcoming Date Reminders

USDOL ALJ Approved Consent Decree in Long-Running OFCCP Action Against Convergys
U.S. Small Business Administration Will Take Over Certification of Veteran-Owned Small Businesses in January
U.S. HHS Published a “Bulletin” Reminding HIPAA-Covered Entities & Business Associates of Limits to Use of Online Tracking Technologies
In Another RFRA Case, the Eighth Circuit Barred, Nationwide, HHS/EEOC Enforcement of ACA Interpretations on Gender-Confirmation Surgery/Care
U.S. NLRB Expanded Financial Remedies for Workers in Unfair Labor Practices Cases
U.S. NLRB Modified the Appropriate Bargaining Unit Standard
Washington State Finalizes Regulations Related to New Pay Transparency Law
U.S. NLRB Reaffirmed Limits on Employers’ Questioning of Workers for ULP Investigations
U.S. DOL & U.S. IRS Renewed Coordinated Enforcement Agreement
U.S. GAO Found Special Operations Command May Not Have Needed Information to Assess Barriers to Women’s Careers
U.S. GAO Interim Report Found Gender Pay Gap Varies by Education Levels, Race & Ethnicity
NLRB Overturns Another Trump Era Rule, Reinstating Broader Access to Property for Contract Workers Staging Labor Protests
In Brief
Looking Ahead: Upcoming Date Reminders

There Are Three Reasons The Coming Harvard & UNC Case Decisions Will Not Harm “Affirmative Action” Despite Now Growing Fears
US GAO Reported That EEOC Needs Oversight on Length of Charge Intake Process
US BLS JOLTS Report For September Showed Increase in Job Openings to 10.7 Million; Hires & Total Separations Down Slightly
Analytical Basis Behind U.S. NLRB General Counsel’s Memo on Electronic Surveillance and Organizing Flawed, Says Top Labor Law Attorney
Political Flip Continued at U.S. NLRB with Publication of Proposed Union Election Protection Rule That Would Rescind Current Trump-Era Rule
Economy Added 261k Jobs in October; Unemployment Rate Increased Slightly
In Brief
Looking Ahead: Upcoming Date Reminders

Federal District Court Judge In Tennessee Blocked Enforcement Of Controversial EEOC & DOE Guidance Documents On Bostock
AbilityOne Commission Published Final Rule Barring Nonprofits From Subminimum Pay On Its Contracts
OFCCP Enforcement Statistics Continue To Spiral Down To New Modern Lows
Wage And Hour Division Announced 60-day Comment Period On Its Unchanged Paid Sick Leave Recordkeeping Requirements For Federal Contractors
Census Bureau announced ACS 1-year estimates will be released on September 15, 2022
NLRB and FTC Signed New Partnership Agreement To Focus on “Anticompetitive and Unfair Labor Practices”
Looking Ahead: Upcoming Date Reminders

New Resources on Workplace Protections for Nursing Mothers
Shifting from the Great Resignation to the Great Retention
Take Note of Interim Acceptable Employment Authorization for I-9 Form
EEOC to Hold Hearing on Race, Sex, and National Origin Discrimination In Construction
Federal Agencies to Host Question & Answer Session
USDOL to Host a Virtual Event – Building Mental Health-Friendly Workplaces
EEOC and DOJ Release Guidance on The Use of Artificial Intelligence in Hiring To Help Prevent Disability Discrimination
Comment Now on Davis-Bacon and Related Acts Information Collection

This Week’s Vaccination Injunction Puzzle at a Glance: No Changes As Legal Frenzy Dies Down…for the Moment
HIRE Vets Medallion Award Application Window is Now Open!
No Spoiler Alert Here – OFCCP Semiannual Regulatory Agenda Not to Have a Significant Economic Impact
Employers & Job Seekers Beware – Scammers Are Exploiting Security Weaknesses on Some Job Recruitment Websites
OFCCP Contractor Portal Opened for Registration – See Rules of Behavior to Enter
NLRB Continues Push to Support Union Organizing
CA Pay Data Reporting Portal is Also Open!
WHD to Hire 100 Investigators to Support Compliance Efforts
Updated Procedures Announced for Third-Party EEO-1 Survey Filers
Biden Issued an Executive Order Unionizing All Large Construction Contracts
January 2022 Employment Situation – Finally, a Big Jobs Month, but Total Jobs Picture Still Very Mixed!
Update on USDOL’s “Good Jobs” Initiative

The Americans With Disabilities Act Celebrates 31 Years!
An Understanding of Long COVID
The First Black Female Confirmed to the National Labor Relations Board
Democrat Majority Coming to the NLRB Board
Start Checking Your List – December Will be Here Soon!
Vaccine Verification for Federal Contractors?
DOL Publishes Final Rule Rescinding Trump Administration Joint Employer Rule Under the FLSA
Updated Interactive Labor Force Participation Maps