Administrative Agency Developments: July 2016 | Practical Law

Administrative Agency Developments: July 2016 | Practical Law

This Legal Update reports on select federal administrative agency developments which occurred through July 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: July 2016

Practical Law Legal Update w-002-7589 (Approx. 6 pages)

Administrative Agency Developments: July 2016

by Practical Law Labor & Employment
Published on 02 Aug 2016 • USA (National/Federal)
This Legal Update reports on select federal administrative agency developments which occurred through July 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)

  • July 12, 2016: The DHS published a general notice that CBP has established the Global Entry international trusted traveler program at most major US airports.

US Citizenship and Immigration Services (USCIS)

  • July 2016: USCIS announced that those individuals with a 17-month STEM OPT extension, may apply to add seven months to their STEM OPT period by filing a Form I-765, Application for Employment Authorization on or before August 8, 2016.
  • July 27, 2016: USCIS issued guidance in the USCIS Policy Manual regarding the effective date of lawful permanent residence for purposes of citizenship and naturalization.
  • July 8, 2016: USCIS published a notice that the DHS is extending the designation of El Salvador for Temporary Protected Status for 18 months through March 9, 2018.

DOL

  • July 7, 2016: In addition to other compliance materials on the DOL's website concerning its final overtime rule, the agency released a set answers to employer questions from a webinar in June. The FAQs can be found here. The new rule takes effect December 1, 2016.

Employment & Training Administration (ETA)

  • July 6, 2016: The DOL announced that the National Prevailing Wage Center began using the 2017 wage data set provided by the Bureau of Labor Statistics (BLS) based on May 2015 Occupational Employment Statistics data. This data set is the first to use updated 2010 BLS definitions of Metropolitan Statistical Areas.
  • July 1, 2016: The ETA's Office of Foreign Labor Certification (OFLC) released new prevailing wage data from the Occupational Employment Survey generated by the Bureau of Labor Statistics for the coming year up through June 2017.

Office of Federal Contract Compliance Programs (OFCCP)

  • July 1, 2016: The OFCCP announced that the Office of Management and Budget (OMB) renewed the Scheduling Letter and Itemized Listing for three years until 2019. The letter is used for compliance evaluations of non-construction supply and service government contractors.

OSHA

  • July 25, 2016: OSHA announced that OSHA and the DOL's Wage and Hour Division have entered into a Memorandum of Understanding (MOU) with the New York State Workers' Compensation Board. The MOU is intended to foster better communication among these agencies to better protect workers.
  • July 13, 2016: OSHA announced that enforcement of the anti-retaliation provisions in its new injury and illness tracking rule will now begin November 1, 2016 instead of August 10, 2016. This will allow employers more time to conduct additional outreach and provide educational materials and guidance.

Wage and Hour Division (WHD)

  • July 27, 2016: Wage and Hour Administrator Dr. David Weil issued Field Assistance Bulletin No. 2016-2 and released Fact Sheet #39H regarding implementation of the Workforce Innovation and Opportunity Act (WIOA) and WHD enforcement of WIOA limitations on the payment of subminimum wages under section 14(c) of the FLSA, effective July 22, 2016. Branch Chief Helen Applewhaite wrote a letter to current section 14(c) certificate holders about the new mandated WIOA limitations.

EEOC

  • July 22, 2016: The EEOC announced that it has released a one-page fact sheet to help young workers understand their rights and responsibilities under the federal laws prohibiting religious discrimination. The EEOC also announced changes to how it collects demographic data from individuals who file discrimination charges.
  • July 14, 2016: The EEOC announced in the Federal Register that it is submitting to the OMB a request for a three-year approval of a revised Employer Information Report (EEO-1) data collection.
  • May 9, 2016: The EEOC recently published a resource called "Employer-Provided Leave and the Americans with Disabilities Act," to address an increased volume of charges alleging violations of the ADA.

NLRB

  • July 1, 2016: The NLRB announced that it will be collecting additional data in connection with the Fair Play and Safe Workplaces (FSWP) Executive Order signed by President Obama in 2014. The additional data will assist federal Labor Compliance Advisors with determining whether employers found to have engaged in labor and employment law violations are disqualified from contracting with the federal government. The data will be submitted using a new form.

Uniform Law Commission (ULC)

  • July 20, 2016: The non-profit ULC released a draft Uniform Wage Garnishment Act (UWGA) intended to standardize state laws addressing employer administration of creditor garnishments.

US Department of State (DOS)

  • July 11, 2016: The DOS's Visa Bulletin for August 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from India. Starting on August 1, 2016, certain special immigrants from India will not be able to obtain an immigrant visa or adjust status until new visas become available.
For additional labor and employment developments, see Labor & Employment: Updates.