July Updates

EEOC Amends Regulations Governing Discrimination Claims Brought by Government Employees

The Equal Employment Opportunity Commission has amended its existing regulations under which state and local government employees who were previously exempt from coverage under Title VII may now bring claims of employment discrimination pursuant to the Government Employee Rights Act of 1991 (GERA). The amendments went into effect on July 5, 2024. Under the amended regulations, individuals identified in the GERA who believe they have been discriminated against on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or pregnancy, childbirth or related medical conditions, or who have been retaliated against for opposing any practice made unlawful by federal law, may file a claim in accordance with the EEOC’s administrative procedures. Like others filing a complaint with the EEOC, the claim must be filed within 180 days after the occurrence of the alleged discriminatory or retaliatory action.

 

OFCCP Identifies 500 Compliance Evaluations for Supply & Service Contractors

On June 7, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published its fiscal year 2024 Corporate Scheduling Announcement List for Supply and Service Contractors. This publication serves as a courtesy notification to certain federal contractors that one or more of their establishments is likely to undergo a compliance evaluation by the OFCCP. For fiscal year 2024, the list includes 440 establishment reviews, 30 Corporate Management Compliance Evaluation reviews, 24 Functional Affirmative Action Program reviews, and 6 University reviews. OFCCP has stated that it will begin to send out scheduling letters to some of the identified contractors immediately, although it generally takes the OFCCP several years to complete the full list. Employers should review the list for facilities and subsidiaries within their organization and confirm that those facilities are prepared for the specified reviews.

 

DOL Issues Final Rule Regulating Silica Dust Exposure for Miners

On June 30, 2024, the U.S. Department of Labor published a final rule intended to better protect miners from health hazards associated with exposure to respirable crystalline silica, also known as silica dust or quartz dust. The final rule lowers the permissible exposure limit of respirable crystalline silica to 50 micrograms per cubic meter of air for a full-shift exposure, calculated as an 8-hour time-weighted average. If a miner’s exposure exceeds the limit, the final rule requires mine operators to take immediate corrective actions to come into compliance. In addition to reducing exposure limits, the final rule also: (1) requires mine operators to use certain engineering controls to prevent miners’ overexposures; (2) compels metal and nonmetal mine operators to establish medical surveillance programs; and (3) replaces an outdated standard for respiratory protection with a new standard reflecting the latest advances in respiratory protection and practices.

 

OPM Issues Final Rule on Protections for Nonpartisan Career Civil Service

On April 9, 2024, the U.S. Office of Personnel Management (OPM) published a final rule that clarifies and reinforces long-standing protections and merit system principles for career civil servants. The final rule clarifies that the status and civil service protections an employee has accrued cannot be taken away by an involuntary move from the competitive service to the excepted service, or from one excepted service schedule to another. Once a career civil servant earns protections, that employee retains them unless waived voluntarily. The final rule also establishes procedural requirements for moving positions from the competitive service to the excepted service and within the excepted service. This change both creates transparency and establishes an appeals process for federal employees when any such movement is involuntary and characterized as stripping employees of their civil service protections.

 

Veterans Affairs Issues Final Rule Limiting Access to Certain EEO Program Records

On June 18, 2024, the U.S. Department of Veterans Affairs published a final rule that will exempt selected diversity and equal employment opportunity (EEO) program records from certain Privacy Act provisions in order to prevent interference with harassment and sexual harassment administrative investigations. The exempted records include, among other things: management notifications; investigator and coordinator findings; determinations as to whether harassment occurred; and the preventive or corrective action taken. The VA has explained in support of this new rule that disclosure of these identified records would cause sources to refrain from providing information due to fear of reprisal and that disclosure would compromise guarantees of anonymity and confidentiality. The rule is set to go into effect 30 days from its date of publication in the Federal Register.

 

Chicago, IL: Updated Postings and Notices for Wage and Hour Compliance

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently provided updated required postings and notices which were required to be sent to employees by July 1, 2024 with employee paychecks. First is the notice of the increase in the general minimum wage to $16.20 and $11.02 for tipped employees. Second is the revised wage theft notice. Additionally, employees need to be notified of the Fair Work Week Ordinance and the predictive scheduling requirements. Lastly, the Paid Leave and Paid Sick Leave Notice must be issued to all employees, new employees upon hire, and annually thereafter. This is in addition to a workplace poster requirement.

 

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase