Administrative Agency Developments: September 2016 | Practical Law

Administrative Agency Developments: September 2016 | Practical Law

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

Practical Law Legal Update w-003-4146 (Approx. 7 pages)

Administrative Agency Developments: September 2016

by Practical Law Labor & Employment
Law stated as of 04 Oct 2016 • USA (National/Federal)
This Legal Update reports on select federal administrative agency developments which occurred through September 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)

  • September 2, 2016: DHS published a notice in the Federal Register announcing that it will allow up to 12,998 nonimmigrants in FY 2017 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

DOJ

  • September 1, 2016: The DOJ announced that it established a formal partnership with the Ministry for Foreign Affairs of Mexico to protect workers from discrimination based on citizenship, immigration status and national origin. These entities will collaborate to educate workers about their employment rights and provide them with the resources needed to protect those rights.

US Citizenship and Immigration Services (USCIS)

  • September 30, 2016: USCIS published Form I-131A, Application for Travel Document (Carrier Documentation), a new form that allows lawful permanent residents to apply for a travel document if they are returning from overseas travel of less than one year, and their Green Card has been lost, stolen, or destroyed, or are returning from overseas travel of less than two years, and their Reentry Permit has been lost, stolen, or destroyed.
  • September 28, 2016: USCIS announced and published in the Federal Register a notice that it will automatically extend employment authorization documents through March 31, 2018 for certain Liberian nationals covered by the Deferred Enforced Departure (DED) extension announced by President Obama.
  • September 22, 2016: USCIS announced that Secretary of Homeland Security Jeh Johnson is extending Temporary Protected Status (TPS) benefits under the designations of Guinea, Liberia, and Sierra Leone for six months. The designations terminate effective May 21, 2017.
  • September 12, 2016: USCIS announced that the current Form I-9, Employment Eligibility Verification, dated March 8, 2013, remains valid until January 21, 2017.
  • September 13, 2016: USCIS announced that H-2B employers should continue to identify "returning workers" in petitions for FY 2017.

US Customs and Border Protection (CBP)

  • September 30, 2016: The CBP announced an enhancement to the I-94 website, which allows travelers to speed up their entry into the US by applying and paying for their I-94 online prior to arriving at a land port of entry.
  • September 27, 2016: The CBP announced that all China passport holders carrying a 10-year visa will be required to have a valid Electronic Visa Update System enrollment when traveling to the US beginning on November 29, 2016.

US Immigration and Customs Enforcement (ICE)

  • September 9, 2016: ICE published a notice extending employment authorization eligibility for certain F-1 Syrian students who have suffered severe economic hardship as a direct result of the civil unrest in Syria since March 2011.

DOL

  • September 30, 2016: The DOL issued a notice about the Bureau of Labor Statistics' solicitation of comments concerning the proposed reinstatement with change of the Contingent Worker Supplement to the Current Population Survey (CPS) to be conducted in May 2017. This reinstatement with change is needed to provide the US with timely information about the number and characteristics of workers in contingent or alternative employment arrangements.
  • September 29, 2016: The DOL announced a final rule requiring federal contractors to provide paid sick leave to employees who work on certain federal contracts.
  • September 12, 2016: The DOL launched its Preassessment Program for Executive Order 13673: Fair Pay and Safe Workplaces rule clearance.

Employment & Training Administration (ETA)

  • September 12, 2016: The DOL published Frequently Asked Questions related to the processing of H-2B Prevailing Wage Determinations under the 2015 H-2B Wage Final Rule.
  • September 1, 2016. ETA announced that it is streamlining the process for submitting applications for temporary labor certification under the H-2B visa program for Non-Agricultural Employers.

Office of Foreign Labor Certification (OFLC)

  • September 14, 2016: OFLC announced that the Technical Assistance Presentation from the September 13, 2016 H-2A and H-2B Program Webinar is now available.
  • September 1, 2016: OFLC announced a procedural change that requires an employer seeking temporary labor certification under the H-2B visa program to establish that its need for non-agricultural services or labor is temporary in nature.
  • August 26, 2016: OFLC announced that its iCERT System will now allow for employers seeking temporary labor certification under the H-2A and H-2B visa programs to electronically submit supporting documents when filing H-2A and H-2B visa applications and while those applications are pending review.

OSHA

  • September 16, 2016: OSHA published a final rule establishing procedures and time frames for handling retaliation complaints under the Seaman's Protection Act (SPA).
  • September 15, 2016: OSHA announced the publication of new guidelines for approving settlements between employers and employees in whistleblower cases to ensure that settlements do not contain terms that could be interpreted to restrict future whistleblowing.
  • September 8, 2016: OSHA requested comment and information to aid it in revising and updating its safety standards concerning shipyard employment.
  • September 1, 2016: OSHA announced that it has jointly developed a 2016-2017 Workplace Chemicals Work Plan with Health Canada to ensure that current and future requirements for classifying and communicating workplace chemical hazards will be acceptable in both the US and Canada without reducing worker safety.

Wage and Hour Division (WHD)

  • September 20, 2016: The WHD issued a notice announcing the applicable minimum wage rate to be paid to workers performing work on or in connection with federal contracts covered by Executive Order 13658, beginning January 1, 2017.
  • September 13, 2016: The WHD announced it had signed a three-year Memorandum of Understanding with the Oklahoma Employment Security Commission to protect employees' rights by preventing worker misclassification as independent contractors or other non-employee statuses.

EEOC

  • September 29, 2016: The EEOC announced that starting March 2018, it will collect summary employee pay data from private employers including federal contractors and subcontractors with 100 or more employees.
  • September 13, 2016: The EEOC announced its San Francisco office has renewed its memorandum of understanding (MOU) with the Consulate of Mexico in Seattle. The collaboration aims to ensure that vulnerable workers understand their rights and are protected from discrimination.
  • September 9, 2016: The EEOC announced that its Milwaukee office entered into a MOU with the Consulate of Mexico.
  • September 7, 2016: The EEOC announced that its Richmond office entered into a MOU with the Consulate of Mexico.
  • September 2, 2016: The EEOC announced that its Denver office entered into a MOU with the Consulate of Mexico.

NLRB

  • September 28, 2016: The NLRB issued a memorandum noting that the Board's interest rate remains at four percent for Fiscal Year 2017's first quarter, October 1, 2016 to December 31, 2016.

Occupational Safety And Health Review Commission (OSHRC)

  • August 25, 2016: OSHRC Chair Cynthia Attwood announced the launch of a new electronic filing (e-file) system for electronic filing and service of litigation documents before the OSHRC.

US Department of State (DOS)

  • September 30, 2016: The DOS issued an interim final rule amending a regulation that establishes the different types of passports issued by the DOS.
  • September 19, 2016: The DOS announced the Notice of Registration for the 2018 Diversity Immigrant Visa Program.
  • September 16, 2016: The DOS announced that effective October 17, 2016, photographs submitted as part of a diversity visa lottery entry package must have been taken no more than six months before the date the entry is made and that applicants may not wear eyeglasses in photographs.
  • September 2, 2016: The DOS issued a final rule providing for various changes and updates to DOS passport rules resulting from International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (IML) and from the Fixing America's Surface Transportation Act (FAST Act). On September 27, 2016, DOS issued a correction to the final rule.
For additional labor and employment developments, see Labor & Employment: Updates.