Administrative Agency Developments: October 2016 | Practical Law

Administrative Agency Developments: October 2016 | Practical Law

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

Practical Law Legal Update w-003-8626 (Approx. 6 pages)

Administrative Agency Developments: October 2016

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

  • September 30, 2016: The DoD, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled "Non-Retaliation for Disclosure of Compensation Information." The interim rule implements Executive Order 13665.

Department of Homeland Security (DHS)

  • October 28, 2016: The Student and Exchange Visitor Program (SEVP) issued guidance that interprets the evidentiary requirements for the SEVP certification of schools that do not meet one of the three requirements in 8 CFR 214.3(b) and (c) to guide SEVP adjudicators. The guidance is effective as of 10/28/16. Comments are due by 12/12/16.
  • October 26, 2016: The DHS announced that the Secretary of Homeland Security (Secretary) is extending the designation of Nepal for Temporary Protected Status (TPS) for 18 months, effective December 25, 2016, through June 24, 2018.
  • October 26, 2016: DHS announced that the Secretary of Homeland Security has identified 85 countries whose nationals are eligible to participate in the H–2A program and 84 countries whose nationals are eligible to participate in the H–2B program for the coming year. The designation of these countries is effective January 18, 2017 through the end of one year after January 18, 2017.

US Citizenship and Immigration Services (USCIS)

  • October 26, 2016: The USCIS Policy Manual has been updated to provide guidance on the special immigrant juvenile classification and special immigrant-based adjustment of status. Volume 6, Part J: Special Immigrant Juveniles and Volume 7, Part F: Special Immigrant-Based (EB-4) Adjustment of Status are effective on October 26, 2016.
  • October 26, 2016: USCIS published a notice announcing the Secretary of Homeland Security's identification of 85 countries whose nationals are eligible to participate in the H-2A program and 84 countries whose nationals are eligible to participate in the H-2B program for the coming year.
  • October 26, 2016: USCIS published a notice that the Secretary of Homeland Security is extending the designation of Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective December 25, 2016 through June 24, 2018.
  • October 21, 2016: USCIS announced the issuance of policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. The guidance is effective December 5, 2016.
  • October 21, 2016: USCIS announced that it received a sufficient number of petitions to reach the numerical limit of 12,998 workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year 2017.
  • October 6, 2016: USCIS announced that, effective October 5, 2016, it has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years.

US Customs and Border Protection (CBP)

  • October 4, 2016: CBP issued a notice announcing the expansion of Global Entry to nine additional airports (there were previously 39 airports). Global Entry is a voluntary program that allows for CBP processing of pre-approved travelers arriving in the US at Global Entry kiosks located at certain airports.

DOL

  • October 28, 2016: The DOL has published a final rule which will allow it to garnish the disposable wages of non-federal workers who are indebted to the DOL without first obtaining a court order. The final rule implements the administrative wage garnishment provisions contained in the Debt Collection Improvement Act of 1996 (DCIA). This final rule is effective on October 28, 2016.
  • October 28, 2016: The DOL announced that it has launched the beta version of a new website, worker.gov, intended to help workers find quick solutions to their workplace problems.
  • October 5, 2016: The DOL has published a seventeenth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2B Applications for Temporary Employment Certification covering issues related to the area of intended employment and what constitutes a worksite under the H-2B program.

Employment & Training Administration (ETA)

  • October 7, 2016: ETA's Office of Foreign Labor Certification issued FAQs on how to prepare permanent labor certification recruitment reports.

OSHA

  • October 19, 2016: OSHA published guidance concerning post-accident drug and alcohol testing.
  • October 18, 2016: OSHA announced the release of a set of Recommended Practices for Safety and Health Programs to help employers establish a methodical approach to improving workplace safety and health.
  • October 12, 2016: OSHA announced that it has delayed enforcement of the anti-retaliation provisions in its injury and illness tracking rule until Dec. 1, 2016, in response to a Texas district court's request for additional time to consider a motion challenging the provisions.
  • October 6, 2016: OSHA announced issuance of a Notice of Proposed Rulemaking to add two quantitative fit-testing protocols to the agency's Respiratory Protection Standard. The protocols would apply to employers in the general, shipyard, and construction industries.

Wage and Hour Division (WHD)

  • October 20, 2016: The DOL announced a hotline available to offer updates to nearly 700 US Senate cafeteria food service workers owed back wages by their employers.

EEOC

  • October 17, 2016: The EEOC announced that it approved an updated Strategic Enforcement Plan (SEP) for FY 2017-2021. The SEP establishes substantive priorities for the EEOC and indicates its strategies to integrate private, public, and federal sector enforcement to advancing EEO in the workplace.

General Counsel of the NLRB

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