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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

OFCCP Extends Deadline for Federal Contractors to Object to EEO-1 Data Disclosure

Who: Federal contractors and subcontractors

When: Objections due by October 19, 2022

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended the deadline for objections to the release of Type 2 EEO-1 data. The request is for federal contractors’ and subcontractors’ data for the years 2016 to 2020. The deadline has been extended from September 19, 2022, to October 19, 2022.

Employers may submit their objection via the OFCCP Submitter Notice Response Portal or by email at OFCCPSubmitterResponse@dol.gov by October 19, 2022. If an employer does not submit an objection, the EEO-1 data will be disclosed in accordance with the FOIA request.

How:

  • Submit your objection via the OFCCP Submitter Notice Response Portal or by email by October 19, 2022.

Additional Resources:

OFCCP Submitter Notice Response Portal

Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report Data

Medicare Part D Notice Deadline Approaches November 14

Who: Group health plan sponsors

When: Notices due by October 14, 2022

Group health plan sponsors must notify individuals who are eligible for Medicare Part D coverage whether the group health coverage is creditable or non-creditable before October 15, 2022. This notice helps eligible individuals decide whether to enroll in a Medicare Part D plan or maintain their enrollment in the employer prescription drug plan.

Notices are due annually for the 12-month period ending October 14. The Centers for Medicare & Medicaid provides model notices on their website.

Group health plans covered by this requirement are those defined under the Employee Retirement Income Security Act of 1974 (ERISA) and those sponsored by unions, churches, or federal, state, or local governments. Eligible individuals may include active employees, individuals covered under COBRA, disabled employees, retired employees, and covered spouses and dependents.

An employer may choose to give notice to all plan participants in the annual open enrollment materials. In that case, the notice must be prominently referenced in at least 14-point font on the first page of the information. Alternatively, employers may choose to give notice separately to covered individuals only. Employers may give notice electronically as long as they follow the requirements.

How:

  • Send the required notice by October 14, 2022.

Additional Resources:

Centers for Medicare & Medicaid Services Model Notice Letters

Centers for Medicare & Medicaid Services Creditable Coverage

What Is Creditable Coverage?

Creditable Coverage Simplified Determination

NLRB Proposes Joint Employer Rule

Who: All employers

When: Comments due by November 7, 2022

The National Labor Relations Board (NLRB) is soliciting comments on a proposed rule for determining joint-employer status until November 7, 2022.

The current rule for determining joint-employer status under the National Labor Relations Act went into effect on April 27, 2020, and will be replaced by the new proposed rule, should it go into effect. Employers should follow the current rule until the NLRB releases a final version of the Standard for Determining Joint-Employer Status.

The current rule states that an employer is a joint employer if it has direct and immediate control over the essential terms and conditions of employment of the other entity’s workers. The proposed rule defines joint employers as two or more employers that share control of or codetermine employees’ essential terms and conditions of employment. It also states that an employer will be determined to share such control if they have the authority to directly or indirectly control essential terms and conditions, even if they don’t exercise it.

The proposed rule expands the definition of essential terms and conditions. It states that they include, but are not limited to, wages, benefits, scheduling, hiring, disciplining, firing, workplace health and safety, supervision, assignments, and work rules.

The proposed rule would also define many employers as joint employers that previously were not, thereby increasing those employers’ liability for alleged labor law violations. The proposed rule changes the focus from the current rule’s “direct and immediate control” standard to an “indirect, reserved” control standard to determine joint-employer status. Specifically, the proposed rule provides that employers can be deemed joint employers when either has the ability to “share or codetermine those matters governing employees’ essential terms and conditions of employment.”

How:

  • Submit comments on the proposed rule by November 7, 2022.
  • Monitor for issuance of the final rule.

Additional Resources:

Proposed Standard for Determining Joint-Employer Status

Regulations.gov

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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