Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities

This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.

Employment Law This Week® - Episode 248
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January 1, 2020

Video: YouTube, Vimeo.

Podcast: Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

Texas Court Reinstates DOL Independent Contractor Rule

A district judge in Texas has reinstated a Department of Labor (DOL) rule that created a uniform test for determining worker classification under the Fair Labor Standards Act. The rule was established in the final weeks of the Trump administration, and withdrawn by the Biden administration. Read more.

OFCCP Targets Pay Equity Audits

In its first directive of the Biden administration, the Office of Federal Contract Compliance Programs (OFCCP) details the requirement for employers to conduct regular, in-depth pay equity audits. And then it goes a step further. If the OFCCP has any concerns with a government contractor’s or subcontractor’s compliance evaluations, it will request access to "a complete copy" of the pay equity audit.

OSHA Focuses COVID-19 Inspections on Health Care Facilities

The Occupational Safety and Health Administration (OSHA) recently announced its intent to check up on previously cited health care facilities. Though the COVID-19 health care emergency temporary standard is no longer in effect, this announcement makes it clear that many elements are still required.

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what state and local governments have done to address the COVID-19 pandemic this week.

President Biden Signs into Law the Cyber Incident and Reporting Act, Mandating Reporting of Cyber Incidents and Ransomware Payments
Workforce Bulletin
Brian Cesaratto, Allen Killworth, Alexander Franchilli

A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations
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Lauri Rasnick, Susan Gross Sholinsky

New York HERO Act Designation Over, Six Months Later
Workforce Bulletin
Nancy Gunzenhauser Popper

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®.

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