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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.

Breaking News

Latest Federal Workplace Compliance News

Due August 8: Department of Homeland Security Seeks Public Comment on Form I-9

Who: All employers

When: Comments due August 8, 2022

What: The Department of Homeland Security published Federal Register notice 87 FR 18377 on March 30, 2022, which solicits public comment on its proposed revisions to Form I-9. The current Form I-9 expires on October 31, 2022. This is the second required comment period, which lasts for 30 days. Members of the public may review the proposed changes and submit comments no later than August 8, 2022.

How:

  • Review the proposed changes on the I-9 and submit comments no later than August 8, 2022.

Additional Resources:

Federal Register notice 87 FR 18377

Agency Information Collection Activities; Revision of a Currently Approved Collection: Employment Eligibility Verification

Federal Judge Blocks EEOC Guidance on LGBTQ+ Worker Protections

Who: All employers

When: Effective immediately

What: On July 15, 2022, a federal judge granted a preliminary injunction that prevents the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Education from enforcing the EEOC’s guidance on protections for LBGTQ+ employees. The guidance was published in a 2021 Technical Assistance Document. It gives examples of employer actions that may constitute discrimination, particularly those that would affect transgender employees. Two examples of potentially problematic practices are repeated and intentional use of a person’s incorrect pronouns and preventing access to bathrooms that correspond to a person’s gender identity.

Twenty  state attorneys general filed a lawsuit against the two federal , alleging that the agencies’ interpretation of the 1972 landmark civil rights statute known as Title IX and Title VII of the Civil Rights Act of 1964 directly interferes with their ability to enforce existing state laws. The states involved are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and West Virginia.

The federal court agreed, and temporarily enjoined the agencies from enforcement on the grounds that the EEOC had not complied with the procedures that are required for it to issue legally binding guidance. The EEOC must follow the proper notice and comment procedures for rulemaking before reissuing its guidance.

How:

  • Consider whether to continue to comply with the guidance until the EEOC either reissues or rescinds it and continue to monitor for updates.

Additional Resources:

United States District Court Eastern District of Tennessee at Knoxville Memo

President Biden Signs Executive Order on Access to Abortion Services

Who: All employers

When: Effective immediately

What: President Biden issued an Executive Order Protecting Access to Reproductive Health Care Services on July 8, 2022. The order is a response to the Dobbs v. Jackson Women’s Health Organization ruling, which overturned the Roe v. Wade ruling, eliminated the constitutional right to an abortion, and returned authority to govern the matter to individual states. The order directs federal agencies to help safeguard access to abortions and reproductive health services. Agencies are to ensure the availability of emergency contraceptives and provide legal protections for out-of-state abortion providers and travel to those providers.

Specifically, the order directs the U.S. Department of Health and Human Services (HHS) to:

  • Submit a report to the president within 30 days that details the agency’s efforts to ensure the availability of emergency and long-acting reversible contraception and emergency medical care for pregnant women;
  • Take action to expand access to the full range of reproductive health services;
  • Explain its efforts to educate the public about protecting access to legal abortions; and
  • Consider ways to protect reproductive- and abortion-related patient information from law enforcement.

The order also directs the attorney general to provide technical assistance to providers that offer legal abortions in their states, and to states that protect the rights of out-of-state patients.

How:

  • Consult with legal counsel to determine the interplay of the federal, state, and local employment laws that could affect your employees.
  • Review your health care benefits and leave policies; revise as needed.

Additional Resources:

FACT SHEET: President Biden to Sign Executive Order Protecting Access to Reproductive Health Care Services

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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