Federal Alerts

The Centers for Medicare & Medicaid Services (CMS) has issued an emergency rule that requires COVID-19 vaccination for workers at healthcare facilities that participate in Medicare and Medicaid programs.

The Biden administration has announced its Final Rule directing federal contractors to pay their workers a $15 minimum wage starting next year.

The Final Rule, effective January 30, 2022, establishes standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 14026 (Order). Additionally, it sets forth an anti-retaliation provision, a prohibition against waiver of rights, and a severability clause. Finally, the Final Rule specifies procedures related to complaint intake, investigations, remedies, and administrative enforcement proceedings.

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance on federal protections from discrimination and retaliation based on applicants’ or employees’ sexual orientation and transgender status.

On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) expanded its Technical Assistance providing further clarification as to how employers should address employee objections to employer COVID-19 requirements.  Below is a summary of the EEOC’s expanded guidance. 

The U.S. Department of Labor (DOL) has issued a final rule to rescind regulations that established a new test for joint employment under the federal Fair Labor Standards Act (FLSA). The change takes effect September 28, 2021.

It has come to our attention that U.S. Citizenship and Immigrations Services (”USCIS”) has started to take action against employers who fail to timely resolve E-Verify  Tentative Nonconfirmation cases (TNC) for their employees within 10 federal government working days.   If you are an employer using E-Verify please review the details below to reduce your risk. 

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced an emergency temporary standard (ETS) aimed at protecting healthcare workers from COVID-19. Among other things, the ETS requires covered employers to develop a COVID-19 plan and provide workers with paid time off to get vaccinated and to recover from any side effects. OSHA announced the ETS alongside new general industry guidance.

The Department of Homeland Security (DHS) has announced that employers will be allowed to inspect Form I-9 documents remotely in certain situations related to the coronavirus disease 2019 (COVID-19). These procedural changes have been extended until August 31, 2021.

The Department of Labor (DOL) has published a final rule that will further delay some changes to tipped employee regulations, but other changes will go into effect on April 30, 2021.