Administrative Agency Developments: March 2016 | Practical Law

Administrative Agency Developments: March 2016 | Practical Law

This Legal Update reports on select federal administrative agency developments which occurred through March 2016, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices and agreements with agencies.

Administrative Agency Developments: March 2016

Practical Law Legal Update w-001-5960 (Approx. 7 pages)

Administrative Agency Developments: March 2016

by Practical Law Labor & Employment
Published on 06 Apr 2016USA (National/Federal)
This Legal Update reports on select federal administrative agency developments which occurred through March 2016, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices and agreements with agencies.

Department of Homeland Security (DHS)

  • March 9, 2016: The DHS Office of Inspector General issued a report titled "USCIS Automation of Immigration Benefits Progressing Remains Ineffective," and expressed disappointment with USCIS shortcomings and failure to follow previous recommendations.

US Citizenship and Immigration Services (USCIS)

  • April 4, 2016: The Administrative Appeals Office (AAO) of USCIS has launched a search tool for finding non-precedent decisions issued since 2005. For decisions issued before 2005, the AAO requests that a USCIS FOIA be filed.
  • March 31, 2016: USCIS has announced that the March 8, 2013 version of Form I-9, Employment Eligibility Verification continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.
  • March 30, 2016: USCIS updates some civic test answers, specifically it has revised answers to questions on who the applicants' US Representative and US Senators are.
  • March 22, 2016: USCIS extended the designation of Guinea for Temporary Protected Status (TPS) for 6 months, from May 22, 2016 through November 21, 2016.
  • March 22, 2016: USCIS extended the designation of Liberia for TPS for 6 months, from May 22, 2016 through November 21, 2016
  • March 22, 2016: USCIS extended the designation of Sierra Leone for TPS for 6 months, from May 22, 2016 through November 21, 2016
  • March 16, 2016: USCIS posted FAQs concerning regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who already started the process of seeking employment-based lawful permanent resident status.
  • March 11, 2016: USCIS released the Adjustment of Status filing date charts for April 2016.
  • March 9, 2016: USCIS issued a policy memorandum adopting the Administrative Appeals Office's decision in Matter of H-V-P-, which clarifies that medical specialists who agree to practice in areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver under the Immigration and Nationality Act.

US Customs and Border Protection (CBP)

  • March 15, 2016: CBP announced the anticipated establishment of the Electronic Visa Update System, a new platform designed to enhance border security in accordance with the bilateral arrangement with China to issue 10-year validity tourist and business visas.
  • March 14, 2016: CBP provided FAQs on changes to the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA) due to the recently-enacted Visa Waiver Program and Terrorist Travel Prevention Act of 2015.

DOL

  • April 4, 2016: The DOL and Oregon Bureau of Labor announced that they have signed a three-year Memorandum of Understanding intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses.
  • March 14, 2016: The DOL submitted the final rule updating the white collar exemptions under the FLSA to the Office of Management and Burden (OMB) for review. The OMB has up to 90 days (which can be extended) to review a rule. The final rule has not yet been published.

Employment & Training Administration (ETA)

  • March 28, 2016: The ETA announced an extension of its emergency procedures initiative for backlogged H-2B applications through April 30, 2016.
  • March 23, 2016: The ETA announced that H-2A program forms are currently being reviewed for a three year extension. The agency will be issuing notice of a second comment period under the Paperwork Reduction Act sometime in the coming weeks.

OSHA

  • March 21, 2016: OSHA published a hazard alert explaining the hazards of using scissor lifts, steps to use them safely, and employer obligations regarding their use.
  • March 17, 2016: OSHA announced a final rule outlining procedures for handling retaliation complaints under the employee protection provision of the Consumer Financial Protection Act of 2010.
  • March 16, 2016: OSHA issued interim final text for regulations governing the employee protection provisions of Moving Ahead for Progress in the 21st Century Act (MAP–21). This rule establishes procedures and time frames for the handling of retaliation complaints under MAP-21, including employee OSHA complaints, OSHA investigations, and appeals of OSHA determinations. The interim final rule is effective March 16, 2016. Comments must be submitted by May 16, 2016.
  • March 9, 2016: OSHA announced that it has extended the public comment period on guidance for determining potential health hazards of chemicals to May 2, 2016.

Wage and Hour Division (WHD)

  • March 14, 2016: The WHD extended the period for filing written comments until April 12, 2016 on the proposed rulemaking: Establishing Paid Sick Leave for Federal Contractors.

EEOC

  • April 4, 2016: The EEOC today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law. This edition (Fiscal Year 2016, Volume 2) features a special article entitled, Stating a Claim in the EEO Process: Determining One's Status as Either an Employee or Independent Contractor.
  • March 23, 2016: The EEOC announced the launch of key services to improve service to the public, including allowing those who file discrimination charge to check the status of their charge online, and providing a portal for businesses to receive and upload documents and communicate with EEOC.

NLRB

General Counsel of the NLRB

  • March 22, 2016: The NLRB Office of General Counsel prepared a three-part list of matters that should be submitted to the Division of Advice. The first group includes matters involving General Counsel initiatives or priority areas of the law and labor policy. The second group includes difficult and rare legal issues and issues with no governing precedent or in-flux law. The third group includes casehandling matters traditionally submitted to the Division of Advice.
  • March 17, 2016: The NLRB Office of General Counsel published an updated table indicating the interest rates applicable for unfair labor practice awards in the third quarter of this fiscal year and from various earlier periods.
  • March 9, 2016: The NLRB Office of General Counsel issued Casehandling Cost Saving Instructions, noting that litigation and investigation strategies and activity are being adjusted because of an expected FY 2016 budgetary shortfall.

US Department of State (DOS)

US Department of Treasury (DOT)

  • March 15, 2016: The DOT announced significant amendments to the Cuba sanctions regulations ahead of President Obama's historic trip to Cuba. The amendments expand the ability of Americans to visit Cuba, bolster trade and commercial opportunities, and reduce barriers to financial transactions by Cuban nationals. The DOT also issued an updated FAQs to address the changes to the Cuba Sanctions Program.
For additional labor and employment developments, see Labor & Employment: Updates.