Redstone Government Consulting Blog | Human Resources (6)

DoD Inspector General Audit on Whistleblower

We issued a blog in May 2021 addressing the Department of Justice, Inspector General. The IG found that DOJ contracts did not comply with the whistleblower requirements to include whistleblower clauses in the contract, disseminate the rights and protections in writing to employees, and include required information in confidentiality agreements/statements to employees. We indicated we would not be surprised to see the DoD IG pick up on this area and review DoD Contractors.

Overview:

• The EEOC has introduced a new Diversity, Equity, and Inclusion (DE&I) workshop series.
• The US Department of Labor (DOL) announced a Notice of Proposed Rulemaking to create standards and procedures to implement and enforce President Biden’s earlier Executive Order (EO 14026) that will increase the federal contractor minimum wage.
• Unfortunately, the Coronavirus pandemic is still an issue for workplaces across the country.
• The EEO-1 Reporting deadline has been changed again to October 25, 2021.

Overview:

• EEO-1 reporting has been extended once again. The deadline is now August 23rd. Additionally, they have made an improvement to the reports feature on the website to help users have a better experience. 
• EEO Tabulation data from 2014 to 2018 is now available. 
• Biden's new Executive Order (EO) takes aim at noncompete agreements.
• A potential major challenge at the OFCCP could impact the 2020 Final Rule "Procedures to Resolve Potential Discrimination."
• I-9 flexibility is extended until August 31, 2021.
• The US Department of Labor (DOL) announced a Notice of Proposed Rulemaking to create standards and procedures to implement and enforce President Biden's earlier Executive Order 14026 that will increase the federal contractor minimum wage to $15 per hour.
• Department of Labor issued All Agency Memorandum 237 increasing the Health and Welfare benefit applicable to SCA-covered contracts.

In January of this year (2021), we told you that the United States Department of Labor (DOL) under the Trump administration announced a final rule clarifying the standard for whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). This rule reaffirmed the “economic reality” test as the primary factor for determining employee status. The final rule was published in the Federal Register on January 7, 2021 and the Rule was set to have an effective date of March 8, 2021.

Overview:

• EEOC launches new landing page that is a one-stop-shop for information regarding sexual orientation and gender identity workplace rights.
• The White House seeks to continue providing remote work opportunities for federal employees.
• The DOL makes plans to update the DBA and Related Acts Regulations.
• EEO-1 data collection is now open and due July 19^th.
• US Supreme Court upholds the Affordable Care Act in California v. Texas.
• Juneteenth is now a federal holiday.

Overview:

• EEOC increases the monetary penalty for violating notice-posting requirements. 
• On May 18, 2021, the IRS released guidance regarding tax relief provided by the "American Rescue Plan Act of 2021" for COBRA-related continuation of health coverage.
• OSHA released new guidance on employer requirement to record adverse reactions to COVID-19 vaccination if the employer requires employees to take the vaccine.
• The Department of Health and Human Services announced, "the Office for Civil Rights will interpret and enforce Section 1557 and Title IX's prohibitions on discrimination based on sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity."
• The CDC provided updated guidance for fully-vaccinated individuals on May 13, 2021, relaxing the recommendations for wearing face masks and social distancing. 

Whistleblower claims are on the rise with alleged violations of health and safety laws as well as fraud and abuse under the CARES Act due to the pandemic. Employers need to ensure they are familiar with the whistleblower laws and their responsibilities under government contracts.

Overview:

• Biden Administration signs Executive Order to Increase Minimum Wage for Federal Contractors to $15/hour
• I-9 Physical Inspection eased again until May 31, 2021
• OFCCP – Focused Reviews canceled
• OFCCP updated the 2021 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark
• Annual AAP Certification – Will OFCCP require this soon?
• Biden’s American Rescue Plan includes new COBRA subsidy requirement for most employers
• On April 15, 2021, the House passed the Paycheck Fairness Act (H.R. 7)

Overview:

• OFCCP recently amended its Supply and Service Scheduling List
• On March 11, 2021, Biden signed the “American Rescue Plan of 2021
• On March 12, 2021, Biden’s DOL announced plans to rescind two “Final Rules”

You’re probably not feeling quite like THIS about training, but we do want to remind you of a few topics that you, as a federal government contractor, need to address with your workforce on a fairly regular basis. We can’t hit them all, but this is a list of those that should be on the radar of your Human Resources staff and are relevant to most contractors.