Redstone Government Consulting Blog | Human Resources (6)

Overview

• In accordance with EO 14042 and the latest updates from the Safer Federal Workforce Taskforce, federal contractors must ensure their employees are fully-vaccinated no later than January 18, 2022 (as opposed to January 4, 2022).
• Due to a stay by the US Court of Appeals for the Fifth Circuit, all activities related to the OSHA COVID-19 Vaccination and Testing ETS have been suspended.
• The United States Citizenship and Immigration Services is considering permanent approval for remote I-9 verification.
• The US DOL Wage and Hour Division has announced a final rule to implement Executive Order 14026 that will increase the federal contractor hourly minimum wage to $15.
• The Biden Administration has reinstated the Executive Order pertaining to Non-displacement of Qualified Workers Under Service Contracts.
• The US Department of Labor, the National Labor Relations Board, and the US Equal Employment Opportunity Commission have come together to end workplace retaliation and promote workers’ rights.

Overview

• The deadline of December 8, 2021 requiring Federal contractor employees to be fully vaccinated against COVID-19 is quickly approaching.
• The proposed OSHA vaccine mandate for private employers is NOT YET in effect.
• The EEOC recently updated their Technical Assistance Questions and Answers that address questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (EEO) laws.

Overview

• The Office of Management and Budget (OMB) has approved the OFCCP Affirmative Action Plan (AAP) Verification Program.
• The EEOC will soon require contractors to use new EEO tabulation data from 2014-2018 in their AAPs.
• The OFCCP is rescinding its previously issued notice stating that it would not request, accept, or use EEO-1 Component 2 data. 
• The Department of Homeland Security has extended the Form I-9 verification flexibility.
• As part of President Biden’s COVID-19 Plan, an Executive Order (#14043) on COVID Safety Protocols for Federal Workers and Contractors was signed on September 9, 2021. 
• As a reminder, September 30^th is the deadline to file the VETS-4212 report.
• You are invited to join a national online dialogue on “Advancing Worker Equity at the U.S. Department of Labor.”

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.