Administrative Agency Developments: November 2015

by Practical Law Labor & Employment

Department of Homeland Security (DHS)

November 18, 2015: DHS published a notice identifying foreign countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant worker programs.

November 18, 2015: USCIS announced the addition of 16 countries eligible to participate in the H-2A and H-2B visa programs.
November 10, 2015: USCIS issued policy guidance in its Policy Manual regarding the foreign information media representative nonimmigrant visa classification ("I" visa category).
November 5, 2015: USCIS announced that the I-9 Central website was updated with new features and navigation.
October 2, 2015: USCIS released a new video in English and Spanish to promote awareness of its free web-based service, myE-Verify.

November 3, 2015: CBP announced that beginning December 3, 2015, UK citizens can register for Global Entry, which allows expedited clearance of some low-risk travelers.

November 20, 2015: The DOL published its fall semiannual regulatory agenda for federal agencies. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.
November 19, 2015: The DOL announced that the Office of Foreign Labor Certification (OFLC) National Office is relocating within Washington, DC effective November 23, 2015.
November 19, 2015: The DOL announced that the US Department of Agriculture released the Farm Labor Survey report, establishing the average annual wage rates for field and livestock workers. The DOL relies on the average annual combined hourly wage for field and livestock workers to establish the Adverse Effect Wage Rates in the H-2A program.
November 18, 2015: The DOL issued new proposed amendments to claims procedure regulations for plans providing disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA).

November 18, 2015: EBSA published a notice of proposed rulemaking in the Federal Register (29 CFR Part 2560) proposing amendments to claims procedure regulations for plans providing disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA).

OSHA has announced that it is seeking public comment on an updated version of its voluntary Safety and Health Program Management Guidelines (OSHA-2015-0018). All comments must be received by February 15, 2016.
November 11, 2015: OSHA announced that it will be required to increase civil penalties for the first time in twenty-five years, effective August 1, 2016.
November 11, 2015: OSHA announced that it had introduced a draft document identifying five key steps to creating an effective anti-retaliation program, and seeking public comments.
November 6, 2015: OSHA announced that it was seeking comments on a draft document intended to help employers develop a program to protect whistleblowers from retaliation.

November 10, 2015: The EEOC announced that it signed a Memorandum of Understanding with the Republic of Ecuador to work together to combat employment discrimination.

November 20, 2015: The DOS published a final rule eliminating the visa page insert service for US passport book holders.
The DOS has migrated its Foreign Affairs Manual (FAM) to a new dedicated website and has reorganized 9 FAM into six sections.
November 10, 2015: The US Department of State announced that the Foreign Affairs Manual (9 FAM 41.31 N9.3-2(b)) was updated to increase the length of stay in the US from four years to six years for personal/domestic employees accompanying US citizen employers on temporary assignment in the US.

For additional labor and employment developments, see Labor & Employment: Updates.