This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.
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 The rule was established in the final weeks of the Trump administration, and withdrawn by the Biden administration.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 Though the COVID-19 health care emergency temporary standard is no longer in effect, this announcement makes it clear that many elements are still required.
President Biden Signs into Law the Cyber Incident and Reporting Act, Mandating Reporting of Cyber Incidents and Ransomware Payments
Brian Cesaratto, Allen Killworth, Alexander Franchilli
A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations
Lauri Rasnick, Susan Gross Sholinsky
New York HERO Act Designation Over, Six Months Later
Nancy Gunzenhauser Popper
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