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From the category archives: GA - Compliance

ABC General Counsel Provides Overview of OSHA’s Updated COVID-19 Guidance

On Jan. 29, the U.S. Department of Labor’s Occupational Safety and Health Administration issued “Protecting Workers:  Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” which provides updated guidance and recommendations for employers and outlines existing safety and health standards. OSHA states, “The recommendations are advisory in nature, informational in content and are intended to assist employers in providing a safe and healthful workplace.” ABC’s general counsel, Littler Mendelson P.C., also published an article that discusses OSHA’s new COVID-19 guidance. 

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DOL Ends Payroll Audit Independent Determination Pilot Program

On Jan. 29, the U.S. Department of Labor’s Wage and Hour Division announced the immediate end of its Payroll Audit Independent Determination Program, a nationwide program that assists employers in expediting the resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act.

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President Biden Revokes Trump Executive Order on Combatting Race and Sex Stereotyping

On Jan. 20, President Biden issued Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which revoked EO 13950 issued by former President Trump regarding race or sex stereotyping or scapegoating in the workplace.

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DOL Issues Updates to DBA ‘Split Rate’ Wage Determinations and Worker Classifications

On Dec. 14, the U.S. Department of Labor’s Wage and Hour Division issued two All Agency Memoranda, AAM 235 and AAM 236, with revisions to certain DOL wage determinations for federal contractors under the Davis-Bacon Act.  

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U.S. DOL Issues Guidance on Expiration of COVID-19 Paid Sick Leave and Expanded Family and Medical Leave

On Dec. 31, the U.S. Department of Labor’s Wage and Hour Division issued additional guidance to address whether workers who did not use their leave entitlement under the Families First Coronavirus Response Act in 2020 may use such leave after Dec. 31, 2020. The FFCRA’s paid sick leave and expanded family and medical leave requirements expired on Dec. 31. 

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Reminder: The Deadline for Electronically Reporting OSHA Form 300A Data Is March 2

The U.S. Department of Labor’s Occupational Safety and Health Administration will begin collecting calendar year 2020 Form 300A data on Jan. 2. Establishments such as those in the construction and transportation industry must submit the Form 300A data electronically by March 2, 2021.

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OFCCP Publishes Directive on Contractor Compliance

On Dec. 11, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued Directive 2021-02 to provide clear and specific guidelines to OFCCP staff and/or federal contractors on enforcement and compliance policy or procedures.

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CISC Releases Updated COVID-19 Prevention, Preparedness and Response Plan for Construction

On Oct. 29, the Construction Industry Safety Coalition released an updated COVID-19 Prevention, Preparedness and Response Plan for Construction. The plan outlines the steps that construction employers and employees can take to reduce the risk of exposure to COVID-19. The new revision to the plan relates to the section on “Employee Has Close Contact With a Tested Positive COVID-19 Individual” and new guidance from the CDC on “close contact.”

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DOL Issues New Opinion Letters on FLSA Compliance: Voluntary Training Programs and Travel Time

On Nov. 3, the U.S. Department of Labor’s Wage and Hour Division issued two opinion letters addressing specific compliance issues related to compensability of time under the Fair Labor Standards Act. The DOL encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions.

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ABC Supports Independent Contractor Status Revisions in DOL Proposal

On Oct. 26, ABC submitted comments on the U.S. Department of Labor’s proposed rule revising its interpretation of independent contractor status under the Fair Labor Standards Act.

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