- Executive Orders signed by Biden on Day One, January 20, 2021 –
- “Executive Order on Advancing Racial Equity & Support for Underserved Communities Through the Federal Government” which:
- Revokes Trump’s EO 13950 – Combating Race & Sex Stereotyping
- States that his Administration’s policy is that “the Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color & others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.”
- Directs the OMB to “study methods for assessing whether agency policies and actions create or exacerbate barriers to full & equal participation by all eligible individuals” & to identify opportunities to promote equity in the budget that the President submits to the Congress.”
- Establishes an Equitable Data Working Group “whose mission is to gather data to measure and advance equity.
- “Executive Order on Preventing & Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”
- “Executive Order on Protecting Worker Health and Safety”.
- Directs OSHA to increase enforcement of existing agency standards and investigation whether a new standard for COVID-19 mitigation is needed. If such a standard is needed, it must be issued by March 15, 2021.
- Mandates that OSHA target enforcement efforts toward larger employers and those with whistleblower complaints.
- Required OSHA to revise its guidance to employers by February 4, 2021. Updated Guidance Here
- Last month we shared DOL’s final rule clarifying whether a worker is an employee or independent contractor; Biden’s Administration has directed a "regulatory freeze" and now DOL proposes to delay the effectiveness of the new rule until May 7, 2021 (The final rule’s current effective date is March 8, 2021). Comments on the proposed delay may be submitted on or before February 24, 2021. Learn More
- The Biden Administration has also withdrawn the EEOC’s “Final Rules” on the allowability under the ADA and GINA of incentives in employer sponsored wellness programs. Employers with such programs had long awaited these rules, and now, they will have to wait again for clarity on what, if any, incentives may be offered.
- Biden’s DOL announced on January 29, 2021 that it has ended the Payroll Audit Independent Determination (PAID) program, effective immediately. PAID, launched by the Department’s Wage and Hour Division in 2018, allowed employers to self-report minimum wage and overtime violations under the FLSA without facing litigation, penalties or additional damages. The program also prohibited affected workers from taking any private action on the identified violations.
- CDC guidance addresses workplace-based COVID-19 testing disclosures and informed consent. The CDC has issued guidance on the elements of consent and recommended disclosures for employee decision-making on whether to participate in workplace-based COVID-19 testing. The new guidance expands on the disclosures outlined in "SARS-CoV-2 Testing Strategy: Considerations for Non-Healthcare Workplaces," issued October 21, 2020.
- Debate over whether employers may or should mandate the COVID-19 vaccine continues, as well as whether and to what extent “incentives” are permissible. A group of “interested stakeholders,” including the U.S. Chamber of Commerce, other business associations and insurance companies, wrote a letter to the Chair of the Equal Employment Opportunity Commission (EEOC) urging the EEOC to quickly issue guidance clarifying the extent to which employers may offer incentives to employees encouraging them to take the COVID-19 vaccination, without violating the Americans with Disabilities Act and other laws enforced by the anti-discrimination agency. Learn More
Written by Sheri Buchanan
Sheri joined Redstone Government Consulting, Inc. in December 2012 as a Human Resources Consultant. She provides HR consulting services to our customers on a wide range of issues, from specific projects to an ongoing outsourced solution of the human resources function. Sheri has two decades of experience in providing a comprehensive assessment of all areas of HR, including establishing and implementing policies and practices, contract transition efforts/onboarding, and investigations. Sheri’s experience covers a broad spectrum of compensation planning and analysis for total compensation projects, reasonableness assessments including executive compensation, compensation philosophy development, total reward strategies, benefits analysis, market pay and pay equity evaluations. She regularly supports clients with the analysis and mapping of labor categories and the preparation and analysis of wage calculations and supports clients in pricing disputes with DCAA. Sheri has a wealth of experience in navigating the many compliance challenges associated with Service Contract Act and Davis Bacon Act. She has been a valuable resource to our clients in all these areas. She stays abreast of the various requirements of the Department of Labor and, of great importance to government contractors, the Office of Federal Contract Compliance Programs, as well as other federal and state regulations impacting human resources. Professional Experience Prior to joining Redstone Government Consulting, Inc., Sheri served in various roles in the Human Resources arena. While employed by a mid-size government contractor she assisted with database development, recruiting, affirmative action planning and contract proposals. Sheri later became an Employment Specialist with one of the largest employers in Huntsville, where she assisted and led managers in the interpretation and documentation of the progressive disciplinary process, conducted employee investigations and allegations of discrimination, sexual harassment, wrongful discharge and employee disputes, conducted unemployment hearings and conducted new employee orientation. Sheri developed and presented management training, administered facility compensation plan, monitored staffing budgets and wrote job descriptions and handbook revisions.
About Redstone GCI
Redstone GCI is a consulting firm focused on fulfilling the needs of government contractors in all areas of compliance. With a singular mission to help contractors through the multiple layers of “red tape,” we allow contractors to focus on what they do best – support their mission with the U.S. Government. We are home to a group of consultants made up of GovCon industry professionals, CPAs, attorneys, and retired government audit and acquisition professionals.
Our focus and knowledge of audit and compliance functions administered by DCAA and DCMA will always be at the heart of what we do. However, for the past decade, we’ve strategically grown to support other areas of the government contractor back-office with that same level of focus and expertise. We’ve added expertise in contracts management, subcontract administration, proposal pricing, various software systems, HR and employment law, property administration, manufacturing, data analytics/reporting, Grant specialists, M&A, and many other areas. When we see a trend in the needs of contractors, we act to ensure we can provide the best expertise in the market to fulfill those needs.
One thing our clients can be certain of is that with the Redstone GCI Team in your corner, there is no problem too big and no issue too technical for our team to tackle.
Topics: HR Huddle