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Workplace Compliance News & Resources

Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.

We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.

Wherever available, KPA products are updated with the latest government notices and posters for employers.

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Latest Federal Workplace Compliance News

DOL Proposes New Independent Contractor Rule

Who: All employers

When: Comments due December 13, 2022

On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule that revises its guidance on how to determine if a worker is an independent contractor or an employee under the federal Fair Labor Standards Act (FLSA). Comments from the public were originally due on November 28, 2022, but the DOL extended the due date until December 13, 2022.

Currently, employers use the 2021 Independent Contractor Rule, which takes into account the following factors, with the first two factors being weighted most heavily:

  • The worker’s opportunity for profit or loss;
  • The nature and degree of the employer’s control over the work;
  • The degree of permanence of the working relationship; and
  • The extent to which the worker’s duties are an integral part of the employer’s business; and
  • The level of skill and initiative required to do the work;

The proposed rule would rescind the 2021 rule and implement a multifactor, totality-of-the-circumstances test that considers several factors, with all of them being weighted equally:

  1. The worker’s opportunity for profit or loss depending on managerial skill;
  2. The relative investments by the worker and employer;
  3. The degree of permanence of the working relationship;
  4. The nature and degree of the employer’s control over the work;
  5. The extent to which the worker’s duties are an integral part of the employer’s business; and
  6. Whether the worker brings specialized skills to perform the work in connection with business-like initiative.

The proposed rule will likely result in a number of independent contractors being reclassified as employees, which would have a significant economic and administrative impact on many employers.

How:

  • Submit your comments electronically at Regulations.gov.

Additional Resources:

Proposed Rule

Employee or Independent Contractor Classification Under the Fair Labor Standards Act; Extension of Comment Period

Employee or Independent Contractor Classification Under the Fair Labor Standards Act

Regulations.Gov

EEOC Releases Know Your Rights Poster

Who: Employers with 15 or more employees

When: Effective immediately

On October 19, 2022, the Equal Employment Opportunity Commission (EEOC) released a new workplace discrimination poster, then released a revised version on October 20, 2022. The poster is titled, “Know Your Rights: Workplace Discrimination Is Illegal,” and provides information on employment discrimination laws and rights and how to file a complaint.

The new Know Your Rights poster replaces the old “EEO Is the Law” poster and the EEO Is the Law supplemental poster. Employers must post it in a conspicuous location in the workplace, where they customarily post notices to applicants and employees. The EEOC also encourages employers to post the notice digitally in a conspicuous location on the company website.

The new poster uses straightforward language and formatting. It lists protected classes and explains that harassment is a prohibited form of discrimination. It states that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, and gender identity. It includes information about equal pay discrimination for federal contractors.

The new poster also has a QR code that allows quick access to the EEOC’s website from a smartphone or compatible digital device. Covered employers are subject to fines for noncompliance.

How:

  • Post the new Know Your Rights: Discrimination Is Illegal poster in the workplace, and make sure it is the October 20 version rather than the October 19 version.

Additional Resources:

“Know Your Rights: Workplace Discrimination Is Illegal” Poster English

“Know Your Rights: Workplace Discrimination Is Illegal” Poster Spanish

U.S. Equal Employment Opportunity Commission “Know Your Rights: Workplace Discrimination Is Illegal” Poster

Employers to Continue Using Existing I-9 Form Until Further Notice

Who: All employers

When: Effective immediately

On October 11, 2022, the Department of Homeland Security announced that employers should continue to use the I-9 form that is set to expire on October 31, 2022. The Department of Homeland Security will make another announcement when it releases the new I-9 form.

How:

  • Watch for the announcement of the new I-9 form in the Federal Register.

Additional Resources:

I-9, Employment Eligibility Verification

Expired Green Cards Extended by USCIS

Who: All employers

When: Effective immediately

As of September 26, 2022, the U.S. Citizenship and Immigration Services (USCIS) extended the validity of permanent resident cards from 12 months to 24 months. Those eligible for the extension are lawful permanent residents who have filed an application (Form I-90) to renew their green card.

Employees may present their expiring or expired green card with the Form I-90 receipt notice as evidence of continued status. Those individuals that have misplaced a green card or are waiting for a replacement card must contact the USCIS Contact Center and make an appointment.

How:

  • Update your documentation as needed to reflect the extended validity period for permanent resident cards.

Additional Resources:

USCIS Contact Center

Employers to Continue Collecting Union Dues After Contract Expiration

Who: All employers

When: Effective immediately

On October 3, 2022, the National Labor Relations Board (NLRB) ruled on the Valley Hospital Medical Center, Inc. case and stated that employers may not unilaterally discontinue collection of union dues and remittance to the union after the related collective bargaining agreement expires. They must continue to deduct union dues from an employee’s wages and remit them to the union even after the associated agreement expires.

On a split decision, the majority of the NLRB members found no persuasive reason to treat dues checkoff agreements differently from similar voluntary deduction agreements that remain in place after the contract expires. The NLRB applied the change retroactively to all pending cases where the dues checkoff provision is at issue unless such application will “work a manifest injustice.”

How:

  • Review your documentation related to union dues deductions and update as needed.

2022 Minimum Wage Updates

KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.

Check out the latest minimum wage changes for 2022, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.

Resources for Success

OSHA Reporting Resource Hub

If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.

We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.

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