HR Huddle - April 28, 2022

Overview

• The 2022 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) national hiring benchmark was recently updated on the VEVRAA Hiring Benchmark Database.
• Component 1 EEO-1 reports are due May 17, 2022. The Redstone GCI HR team can support you with preparing and filing your EEO-1 report. Please contact us today if you are in need of assistance.
• Covered federal contractors must certify their Affirmative Action Plans (AAP) through the OFCCP Contractor Portal by June 30, 2022. Please contact our HR Team if you need assistance with your AAP or the certification process.
• The Office of Federal Contract Compliance Programs issued a new directive (DIR 2022-02) that is intended to promote effective enforcement of the equal employment opportunity laws that the agency enforces.
• The Department of Homeland Security has announced updates regarding the I-9 form and its verification Beginning May 1, 2022, DHS will no longer allow employers to accept expired List B Documents for form I-9 verification. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their I-9 forms by July 31, 2022. DHS has provided a helpful table that explains the updated requirements.
• The current version of the I-9 form expires on October 1, 2022. DHS plans to “re-vamp” the form with several goals in mind:
  • Compressing Sections 1 and 2 from two pages to one page to reduce paper use.
  • Moving Section 3 to a separate Reverification and Rehire Supplement.
  • Updating the List of Acceptable Documents to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS.
  • Reducing and simplifying the form's instructions from 15 pages to 7 pages.
  • Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices. 
• It is expected that the US Department of Labor (DOL) will publish a proposed overtime rule in the very near future.
• An Appeals Court recently upheld a COVID-19 Vaccination Directive that requires federal workers to be vaccinated.
• EEOC leaders recently discussed four areas that they aim to focus on in 2022. These areas include:
  • COVID-19 Mandates
  • Diversity and Tech
  • DEI Demographics Audits
  • Disability Rights
• The EEOC recently released a technical assistance document regarding Caregiver Discrimination due to the COVID-19 Pandemic.
  

Details:

• The 2022 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) national hiring benchmark was recently updated on the VEVRAA Hiring Benchmark Database.
  • The new hiring benchmark is 5.5%.
• Component 1 EEO-1 reports are due May 17, 2022. The Redstone GCI HR team can support you with preparing and filing your EEO-1 report. Please contact us today if you are in need of assistance.
• Covered federal contractors must certify their Affirmative Action Plans (AAP) through the OFCCP Contractor Portal by June 30, 2022. Please contact our HR Team if you need assistance with your AAP or the certification process.
• The Office of Federal Contract Compliance Programs issued a new directive (DIR 2022-02) that is intended to promote effective enforcement of the equal employment opportunity laws that the agency enforces.
  • The new directive rescinds and replaces DIR-2018-06, DIR 2018-08, DIR 2020-02, and DIR 2021-02.
  • The directive will strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information. In addition, the directive explains updated agency policies regarding the scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors, and eliminating delays in scheduling. The directive also describes contractors’ obligations regarding timely submission of Affirmative Action Programs (AAPs) and support data, supplemental information, and access to employees, applicants, and other
• The Department of Homeland Security has announced updates regarding the I-9 form and its verification Beginning May 1, 2022, DHS will no longer allow employers to accept expired List B Documents for form I-9 verification. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their I-9 forms by July 31, 2022. DHS has provided a helpful table that explains the updated requirements.
  • Employers may continue remote verification through April 30, 2022. In late 2021, DHS asked for public comments regarding implementing remote verification permanently. Stay tuned for announcements regarding remote verification.
• The current version of the I-9 form expires on October 1, 2022. DHS plans to “re-vamp” the form with several goals in mind:
  • Compressing Sections 1 and 2 from two pages to one page to reduce paper use.
  • Moving Section 3 to a separate Reverification and Rehire Supplement.
  • Updating the List of Acceptable Documents to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS.
  • Reducing and simplifying the form's instructions from 15 pages to 7 pages.
  • Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices. 
  • DHS is now accepting public comments regarding the form update through May 31, 2022.
• It is expected that the US Department of Labor (DOL) will publish a proposed overtime rule in the very near future.
  • Employment law attorneys speculate that the rule could be proposed as early as next month. They also anticipate that the DOL will recommend higher salary level thresholds for the white-collar exemptions to the rule. If this speculation is true, more employees will be eligible for overtime pay. Stay tuned for updates on this potential new rule.

• An Appeals Court recently upheld a COVID-19 Vaccination Directive that requires federal workers to be vaccinated.
  • On April 7, 2022, the 5^thS. Circuit Court of Appeals dismissed a formerly brought lawsuit against the vaccination directive. The directive applies to employees of the executive branch of the federal government.
• EEOC leaders recently discussed four areas that they aim to focus on in 2022. These areas include:
  • COVID-19 Mandates
  • Diversity and Tech
  • DEI Demographics Audits
  • Disability Rights
• The EEOC recently released a technical assistance document regarding Caregiver Discrimination due to the COVID-19 Pandemic.
  • The EEOC states, “Even as the pandemic evolves, the challenge of juggling work and caregiving obligations remains.” The technical assistance document lists answers to common questions related to employer responsibilities concerning caregivers.