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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

Who: Federal contractors and subcontractors

When: Submit comments by April 1, 2024

On January 29, 2024, the Federal Acquisition Regulatory Council issued a proposed rule titled “Pay Equity and Transparency in Federal Contracting” and is seeking public comments on the rule by April 1, 2024. The proposed rule prohibits federal contractors from using a person’s salary history when setting their pay. Under the rule, federal contractors and subcontractors would not be able to ask about the applicants’ compensation history or consider such history when making employment decisions.

The rule would also require federal contractors to post the expected salary or wage range in job postings related to a federal contract, along with a description of the benefits and other types of compensation. They must also provide a notice to applicants to inform them about their rights under the law, either in the job posting or as part of the application process. An applicant may submit a complaint to the contracting agency point of contact within 180 days of an alleged violation.

How:

  • Submit comments on the proposed rule on the Federal Register by April 1, 2024.

Additional Resources:

Advancing Pay Equity in Governmentwide Pay Systems

Office of Federal Procurement Policy; Federal Acquisition Regulation: Pay Equity and Transparency in Federal Contracting

Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009

Frequently Asked Questions on Compensation History

Regulations.Gov

Who: All employers

When: Effective March 11, 2024

The original effective date of the National Labor Relations Board’s new joint employer rule was December 26, 2023. The effective date was then delayed until February 26, 2024. On February 22, 2024, District Court Judge J. Campbell Barker issued an order to further delay the effective date to March 11, 2024. The rule helps employers determine if they are a “joint employer” and expands the circumstances under which a company is considered a joint employer.

If an employer has the right to exercise control over these essential terms and conditions of employment, they are considered a joint employer:

  • Wages, benefits, and other compensation;
  • Hours of work and scheduling;
  • The assignment of duties to be performed;
  • The supervision of the performance of duties;
  • Work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline;
  • The tenure of employment, including hiring and discharge; and

Working conditions related to the safety and health of employees.

How:

  • Continue to monitor for updates.
  • Review your relationships and contracts with outside vendors, contractors, staffing agencies, and other third parties to determine if you are a joint employer with any of those entities.
  • Consider amending your contracts with vendors and other third parties to state that your business has no right to control any of the seven terms listed in the rule.
  • Train managers and supervisors who oversee the work of another entity’s employees to avoid taking any actions that suggest your company has direct or indirect control over the other entity’s employees.

Additional Resources:

Standard for Determining Joint Employer Status

NLRB Fact Sheet Joint-Employer Standard – 2023 Final Rule

29 CFR 103.40 (Joint Employers)

2024 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 2024, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.

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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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