Policy Matters Newsletter – May 6, 2022 – Employee Benefits & Compensation & More News Here

Uniting for Ukraine. While, at the moment, there may be
greater than sufficient political information to help the 24 hours information cycle,
the continuing crises in Ukraine continues to be one of many prime beats.
The U.S. has been in lockstep with its NATO allies on the armed
forces entrance, however fixing the battle’s resultant refugee and
humanitarian crises are simply as necessary. To that finish, as Seyfarth
summarized right here, the White House lately introduced a brand new
coverage to perform its pledge to confess
100,000 Ukrainians displaced by the continuing warfare, entitled Uniting for Ukraine. Starting final Monday,
entities and people may start to sponsor Ukrainian residents
– every particular person would require a United States-based sponsor that
can attest to monetary help and clear a background test.
Finally, the Department of State introduced an upcoming growth of
the U.S. Refugee Admissions Program (USRAP) that can contemplate
eligible Ukrainians for refugee standing beneath the Lautenberg program. Like any piece of
coverage that issues, the announcement didn’t come with out
important pushback, principally from refugee and immigration
advocates, not as a lot from the GOP.

OFCCP Directive 2022-21 Rankles Employers.
OFCCP Directive
2022-21 purports to supply steerage for complying with pay
audit necessities present in 41 CFR 60-2.17(b)(3), and clarifies that OFCCP
might entry and overview a federal contractor’s pay fairness audit
information. This directive was borne from Executive Order 11246, which focuses on equal
employment alternatives within the federal contractor area by, in
half, prohibiting federal contractors from discriminating in
employment selections on the premise of race, colour, faith, intercourse,
sexual orientation, gender identification or nationwide origin. OFCCP
contends that this directive doesn’t have the drive of regulation, does
not change the legal guidelines and/or laws governing OFCCP’s
packages, and is meant solely to supply steerage to OFCCP workers
and/or federal contractors on enforcement and compliance coverage.
Despite this said place, employers that conduct enterprise with
the Federal Government will not be very happy. Indeed, the U.S.
Chamber of Commerce lately penned a letter to OFCCP director Jenny Yang, taking
the company to process for not solely the substance of the directive, however
additionally for “authorizing this main coverage change as an edict
as an alternative of as a proposal open to remark.” It is value a learn.
 

Clock Ticking On Who Will Head The W&H Division At
DOL After David Weil Flounder. As we famous right here, the lengthy saga over Dr. David Weil’s
nomination and affirmation to return  to the U.S. DOL as Wage
and Hour Division (“WHD”) Administrator ended
unceremoniously along with his withdrawal from consideration. The
query now turns to the subsequent individual up. Jessica Looman has occupied the place as
“acting” Administrator since June 21, 2021. The 210 day
clock for heads of federal companies beneath the Federal Vacancy Reform Act restarted upon Dr.
Weil’s withdrawal. Surprisingly, there have been little or no
rumors concerning the subsequent potential nominee. Perhaps that’s
as a result of the Administration plans to stay with Jessica Looman as
appearing administrator, however recall that the Trump Administration
acquired an inordinate quantity of criticism for counting on
“acting” heads in lieu of Senatorial affirmation. The
President may additionally merely nominate Ms. Looman, however must
discover viable alternative for appearing administrator. Rock, meet exhausting
place. Stay tuned.

Good News For Employers Of Migrants. As we now have
mentioned time and time once more for the reason that onset of the
pandemic, flexibility over employers verifying employment
eligibility on the shape I-9 has been of paramount significance.
Recently, we mentioned DHS’ intention to finish their
COVID-19 associated non permanent coverage permitting employers to simply accept
expired List B paperwork when verifying an worker’s work
eligibility on the Form I-9.  In a considerably stunning transfer,
maybe buoyed by the latest spike in COVID-19 circumstances, DHS has
considerably reversed course, extending – for the thirteenth time – I-9
compliance flexibility guidelines for six months, set to run out on
Halloween 2022. As Seyfarth famous right here, the six month extension is smart as
DHS considers shifting to a completely digital course of.
Specifically, a six month extension offers DHS further time to
implement its proposal to revise employment eligibility
verification laws to permit the Secretary to authorize
different doc examination procedures in sure
circumstances or with respect to sure employers

AZ OSHA The Way Of The Dodo. As Seyfarth
lately reported, on April 20, 2022, the DOL introduced a proposal to rethink or revoke
the State of Arizona’s OSHA plan, which may
result in federal OSHA taking up regulation of personal employers in
Arizona. Nearly half of the states within the union function OSHA
state plan companies that regulate personal employers. Those state
plans are required by federal regulation to undertake and implement requirements
which can be no less than as strict because the federal requirements. Where
OSHA determines {that a} state plan is falling brief in adopting or
imposing these requirements, the company might provoke proceedings to
revoke approval of the state plan and reinstate federal authority
over occupational security and well being points lined by the state
plan. OSHA lately introduced that that Arizona has did not undertake
sufficient most penalty ranges, occupational security and well being
requirements, a National Emphasis Programs and – most lately – the
COVID-19 Healthcare Emergency Temporary Standard. OSHA’s
proposal on decertification of the Arizona plan is out there for
public remark till May 26, 2022, after which OSHA will
announce its resolution on the matter.

In different OSHA information, Vice President Harris lately introduced a brand new OSHA emphasis program
for warmth sickness. As Seyfarth reported, the announcement said that the
program will intention to guard “thousands and thousands of employees from warmth
sickness and accidents. Through this system, OSHA will conduct
warmth-associated office inspections earlier than employees endure utterly
preventable accidents, diseases or, even worse,
fatalities.”  The program targets employers in sure
“high hazard” warmth sickness industries based mostly on NAICS
codes, together with many outside companies industries, indoor
manufacturing environments, warehousing, and nursing care
amenities. There are nonetheless many open questions in regards to the
program, however employers can anticipate prevention of warmth accidents and
sickness to be a serious focus going ahead for OSHA beneath
President Biden.

Washington, Like California, Is Full Of
Peculiarities-The Gig Economy Is No Different. At the tip
of its 2022 legislative session, Washington Governor Jay Inslee
signed Substitute House Bill 2076 – which handed the
decrease chamber 56-42 and handed the Senate by a vote of 40-8 – which
may up-finish the present wage construction of the “gig
financial system.” The bill, entitled “An Act Relating to rights
and obligations of transportation community firm drivers and
transportation community firms,” was borne of unusual
stakeholders: Business, Labor (the native affiliate of the
Teamsters), and progressive lawmakers. The measure maintains the
impartial contractor standing of drivers within the state, but in addition
gives new rights to these drivers. Those impartial contractors
will accrue sick pay and obtain minimal pay ensures based mostly on
the time and distance they spend on every journey. But drivers is not going to
get the total set of advantages that include being designated an
worker, together with well being care and unemployment insurance coverage.

The laws has acquired an inordinate quantity of public pushback, particularly and unexpectedly from
Labor. AFL-CIO President Liz Shuler mentioned that “Washington
state’s mannequin isn’t the template for the remainder of the nation
to observe” – gig financial system employees ought to profit from a pay
construction “permitting for protections for employees however not
compromising the bedrock rules of employee classification.”
The National Teamsters labor union’s newly appointed president
Sean O’Brien additionally disagrees with the substance of the measure,
calling for the Governor to veto the invoice, though it was the
native teamsters chapter that helped draft the invoice.

The battle over the Gig-Economy will now transfer the subsequent State
House, particularly for the reason that PRO Act has gone nowhere in Congress. Stay
tuned!

DOL Releases Equity Action Plan. The DOL
lately launched an motion plan that outlines the way it plans to
sort out racial and gender fairness in compliance with an govt order President Biden signed on the
topic final yr. The plan is a part of “a
complete-of-authorities fairness agenda that addresses systemic
limitations,” in keeping with a DOL press launch. It recognized
5 key precedence areas by which “DOL plans bold exercise
to help underserved communities,” together with imposing wage
and hour legal guidelines, enhancing the unemployment insurance coverage system,
increasing entry to the division’s assets for non-English
audio system, rising sector-based mostly coaching and making a extra various
pool of candidates for presidency apprenticeships.

Biden Firing Of NLRB GC Was Legal.  The
Fifth Circuit lately rejected a problem to President
Biden’s termination of former NLRB General Counsel Peter Robb,
which Seyfarth beforehand reported on, rejecting the argument that
common counsels obtain the identical removing protections granted to
members of the NLRB. That ruling ensures that the work of
Robb’s fast successor, interim GC Peter Sung Ohr, shall be
protected and that circumstances he was concerned with is not going to be
invalidated. This resolution additionally doubtlessly indicators a brand new
regular on the NLRB – when there’s a change within the White House, a
new GC will doubtless observe.

The content material of this text is meant to supply a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.

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