Administrative Agency Developments: June 2016

by Practical Law Labor & Employment

All Federal Agencies

June 30, 2016: President Obama signed a new law intended to modernize the Freedom of Information Act (FOIA) request process and increase transparency for federal agencies that respond to FOIA requests.

June 9, 2016: The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), which is part of the DOJ's Civil Rights Division, issued an updated flyer providing guidance to employers on avoiding discrimination against refugees and asylees. The flyer is titled "Refugees and Asylees Have The Right To Work: What Employers Should Know."

June 27, 2016: USCIS announced a refresh of InfoPass, its online system allowing customers to schedule an appointment at one of its offices.
June 16, 2016: On August 1, 2016, USCIS will begin deactivating E-Verify user IDs that have not been accessed for 270 days.
June 8, 2016: USCIS issued its Visa Bulletin for July 2016 indicating January 1, 2010 as the final action date for EB-4 visas for special immigrations from Mexico.
June 1, 2016: USCIS announced that as of July 1, 2016, the Nebraska Service Center (NSC) began accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitioner requests a "Continuation of previously approved employment without change with the same employer."
May 23, 2016: USCIS published F and M Nonimmigrants and MAVNI: A Guide for Designated School Officials. This guide introduces MAVNI (Military Accessions Vital to the National Interest) and provides information explaining how it relates to F and M nonimmigrants.
May 10, 2016: USCIS, in a presentation titled "Training STEM OPT Students," stated that the Student and Exchange Visitor Program (SEVP) requires employers with international students participating in the science, technology, engineering, and mathematics (STEM) optional practical training (OPT) extension to answer four specific questions when developing a Form I-983 Training Plan.

June 30, 2016: The DOL (jointly with the Department of Education) publicly issued the final rules to implement the Workforce Innovation and Opportunity Act (WIOA). The WIOA was signed into law in 2014. The rules, along with related resources, can be accessed online.
June 7, 2016: The DOL's Mine Safety and Health Administration (MSHA) published a proposed rule to enhance workplace examinations in metal and nonmetal mines in the US. The rule is intended to prevent mine-related injuries and fatalities.

June 3, 2016: The DOL ETA published Frequently Asked Questions for the H-2A program on the updated Form ETA-9142A, Appendix A.

June 15, 2016: The OFCCP announced that, effective March 4, 2016, the annual hiring benchmark for veterans pursuant to Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) regulation is 6.9%.
June 14, 2016: The DOL announced the publication of a final rule updating the OFCCP's sex discrimination regulations for federal contractors.

May 31, 2016: OSHA announced the launch of its first pilot Whistleblower-Severe Violator Enforcement Program (W-SVEP) for employers that continually and willfully disregard the rights of whistleblowers. W-SVEP became effective on May 27, 2016 in OSHA's Kansas City Region, which includes employers in Kansas, Missouri, Nebraska, and under federal enforcement in Iowa.

June 16, 2016: The DOL's WHD and the Virginia Employment Commission signed a three-year Memorandum of Understanding (MOU) to protect employees rights by preventing their misclassification as independent contractors or other non-employee statuses.

June 30, 2016: The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent, to $525 per violation effective. The increase will apply to penalties issued after July 5, 2016.
June 30, 2016: The EEOC announced that it has issued the newest edition of its federal sector EEO digest, titled "The Digest of Equal Employment Opportunity Law." The digest is available online.
June 20, 2016: EEOC Commissioners Chai R. Feldblum and Victoria A. Lipnic, Co-Chairs of the EEOC's Select Task Force on the Study of Harassment in the Workplace, issued a report with key recommendations for workplace harassment prevention and response.
June 10, 2016: The EEOC issued a final rule that more than doubles the maximum fine for employers that fail to comply with the postings requirements of Title VII, the ADA, and the Genetic Information Nondiscrimination Act (GINA). The rule became effective on July 5, 2016.
June 7, 2016: The EEOC announced that its Miami District Office entered into a Memorandum of Understanding (MOU) with the Office of the Women's Advocate of Puerto Rico in San Juan, Puerto Rico. The MOU promotes collaboration between the two entities to provide women with information and resources on preventing workplace discrimination.

June 21, 2016: The General Counsel of the NLRB released Memorandum OM 16-21 regarding notice reading in cases where unit employees have literacy issues.
June 17, 2016: The General Counsel of the NLRB instructed Regions to seek full remedies where the charged party's non-compliance necessitates invoking the default provisions of a settlement agreement, unless seeking compliance with the settlement terms better effectuates the NLRA.

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