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Workplace Compliance News & Resources

Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.

We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.

Wherever available, KPA products are updated with the latest government notices and posters for employers.

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Latest Federal Workplace Compliance News

Effective July 25, 2023: OFCCP Releases Revised Form for Voluntary Self-Identification of Disability

Who: Federal contractors and subcontractors

When: Effective July 25, 2023

The Office of Federal Contract Compliance Programs (OFCCP) revised the Voluntary Self-Identification of Disability Form (CC-305) to update the preferred language for disabilities and give additional examples of disabilities. Federal contractors and subcontractors must start using the new form no later than July 25, 2023. The form expires on April 30, 2026.

Covered employers must ask applicants to complete the form during the pre-offer stage of the hiring process and ask current employees to complete the form on a voluntary basis. The form is available in a PDF or Word format. Employers may choose to remove or modify the “For Employer Use Only” section of the form.

Under Section 503 of the Rehabilitation Act, employers must attain or show progress toward attaining a workforce that consists of at least seven percent of people with disabilities.

How:

  • Implement the new form into your applicant and employee systems and processes by July 25, 2023.

Additional Resources:

Office of Federal Contract Compliance Programs Voluntary Self-Identification of Disability Form

Office of Federal Contract Compliance Programs FAQs

Office of Federal Contract Compliance Programs Section 503

Effective Immediately: U.S. DOL Updates 2023 FLSA and FMLA Posters

Who: Employers with 50 or more workers

When: Effective immediately

In April 2023, the U.S. Department of Labor released updated versions of the Fair Labor Standards Act (FLSA) Poster and the Family and Medical Leave Act Poster.

The new FLSA poster updates the Nursing Mothers section with information about the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) and changes the name of the section to “Pump at Work.” PUMP requires employers to provide reasonable break times to express milk for one year after the child’s birth. Employers must provide a private place other than a bathroom that is shielded from view and free from intrusion by coworkers and the public. The August 2016 version of the Fair Labor Standards Act Poster is noncompliant, and employers must replace it immediately.

The agency redesigned the FMLA Poster with minor updates to clarify that:

  • FMLA is not paid leave. The employee may choose, or may be required by the employer, to use employer-provided paid leave during FMLA leave.
  • An employee must be able to return to the same or a virtually identical job with the same pay, benefits, and other working conditions at the end of the leave.
  • Employers may request certification for FMLA leave an employee takes because of a qualifying exigency.
  • Employers must provide written notice to the employee of the employee’s rights and responsibilities and how much of their requested leave will be FMLA-protected.

The 2013 and 2016 versions of the Family Medical Leave Act Poster still fulfill the legal posting requirements.

How:

  • Post the new versions of the Fair Labor Standards Act (FLSA) as well as the Family and Medical Leave Act (FMLA) posters to be viewable to employees and applicants.

Additional Resources:

Fair Labor Standards Act (FLSA) Poster

Family and Medical Leave Act (FMLA) Poster

Department of Labor Workplace Posters

Fact Sheet#28B: Using FMLA Leave When You Are in the Role of a Parent to Child

Field Assistance Bulletin No. 2023-02

Effective Immediately: U.S. DOL Announces New Website on Mental Health

Who: All employers

When: Effective immediately

The U.S. Department of Labor (DOL) announced that they have created a new website as part of the agency’s Mental Health at Work initiative. The site presents tools and resources for employers and employees in an effort to increase awareness of mental health and wellbeing at work and promote equal access to mental health care. The agency is working to help employers be more confident when talking to employees about workplace stress, mental health, and substance use disorders, and to help employees feel less afraid to broach those subjects.

The agency reports that work-related stress is a significant problem in the United States and that mental health care is just as important as physical health care. The site defines what is required by law and ways an employer can support workers’ mental health.

How:

  • Familiarize yourself with the resources available on the new site.

Additional Resources:

Department of Labor Mental Health at Work

Occupational Safety and Health Administration Workplace Stress

Department of Labor Preventing Substance Use in the Workforce

EEO-1 Component 1 Data Reporting Portal to Open Mid-July 2023

Who: Private employers with 100 or more employees; covered federal contractors with 50 or more employees

When: Portal opens mid-July 2023

The Equal Employment Opportunity Commission (EEOC) collects certain demographic data about the workforce pursuant to Section 709(c) of Title VII of the Civil Rights Act of 1964. The purpose is to evaluate trends and help prevent workplace discrimination against protected classes of workers. EEO-1 Component 1 data includes information about employee race, ethnicity, gender, and job categories.

The EEOC has set a tentative timeframe of mid-July 2023 for opening their EEO-1 data collection portal. Private employers with 100 or more employees and covered federal contractors with 50 or more employees may enter their 2022 data once the portal opens.

How:

  • Monitor the EEOC website for updates.

Additional Resources:

EEO-1 Component 1 Fact Sheet: Report Types

Frequently Asked Questions (FAQs) EEO-1 Component 1 Data Collection

EEO-1 Component 1 Data Collection

EEO Data Collection Website

Effective Immediately: EEOC Releases Guidance on the Use of Advanced Technology in Employment Decisions

Who: All employers

When: Effective immediately

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released technical guidance on the use of advanced technology, including artificial intelligence, in employment decisions. The guidance is titled “Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.” It states that employers may not use advanced technologies to discriminate when hiring, promoting, or terminating employees.

The guidance defines “artificial intelligence” as “a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments,” in accordance with the National Artificial Intelligence Initiative Act of 2020.

Some uses of advanced technology that can potentially lead to discrimination are resume scanners, employee-monitoring software, virtual assistants or chatbots, video-interviewing software, and testing software that provides job fit or cultural fit scores—any of which can violate Title VII of the Civil Rights Act. Employers that use a third party to administer their workplace processes are liable for that third party’s unlawful discrimination under Title VII.

The EEOC guidance is part of its Artificial Intelligence and Algorithmic Fairness Initiative, which works to ensure that advanced technology employers use to make hiring and other employment decisions complies with the federal civil rights laws the EEOC enforces.

How:

  • Review your use of advanced technology to ensure it does not result in discrimination.
  • Work with legal counsel to ensure compliance.

Additional Resources:

“Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964”

Title VII of the Civil Rights Act of 1964

Effective Immediately: Federal Agencies Release Joint Statement on Discrimination and AI

Who: All employers

When: Effective immediately

On April 25, 2023, the Federal Trade Commission (FTC), the Civil Rights Division of the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission (EEOC) jointly released an official statement on their efforts to address discrimination and bias when using automated systems. They define automated systems as software and algorithmic processes, which includes artificial intelligence (AI).

The statement warns that automated systems can perpetuate unlawful bias and discrimination when applied to credit decisions, housing availability, and employment opportunities. The statement gives an overview of each agency’s position on the use of AI and links to key AI-related documents published by each agency. The statement summarizes sources of potential discrimination and bias, including:

  • Insufficient or faulty data and datasets,
  • Lack of transparency in how the system works, and
  • Faulty design and use.

The agencies concluded by saying that they will use their collective authority to protect individuals’ rights.

How:

  • Evaluate automated decision-making outcomes for potential bias and discriminatory impact.
  • Control for biases in training datasets.
  • Enhance your risk-assessment and compliance-management systems as needed to detect, remediate, and prevent risks stemming from use of automated systems.
  • Review how you will use automated systems going forward.

Additional Resources:

Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems

The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees

Increased PCORI Fees Due July 31, 2023

Who: Employers with self-insured health insurance plans

When: Due by July 31, 2023

Internal Revenue Code Sections 4375 and 4376 impose fees on issuers or sponsors of self-insured health insurance plans. The fees fund the Patient-Centered Outcomes Research Institute (PCORI).

The fee for policy years and plan years ending on or after October 1, 2022, and before October 31, 2023, is $3.00 per covered life, up from $2.79 for the previous plan year. The agency calculates the fee based on the average number of lives covered under the policy or plan.

Employers must submit the fee to the IRS annually, along with IRS Form 720, the Quarterly Federal Excise Tax Return.

How:

  • Submit your PCORI fees and Form 720 to the IRS by July 31, 2023.

Additional Resources:

Notice 2022-59

About Form 720, Quarterly Federal Excise Tax Return

Application of the Patient-Centered Outcomes Research Trust Fund Fee to Common Types of Health Coverage or Arrangements

Patient-Centered Outcomes Research Institute Fee

Effective Immediately: NLRB Returns to Previous Standard Regarding Disciplining Workplace Outbursts

Who: All employers

When: Effective immediately

On May 1, 2023, the National Labor Relations Board (NLRB) decided the Lion Elastomers LLC II (372 NLRB No. 83) case. Lion Elastomers, a synthetic rubber manufacturer, fired a worker in 2017 after his heated discussion with managers about working conditions during a safety meeting.

The NLRB ruled that the conduct did not rise to the level of creating a hostile work environment and was a protected concerted activity under the National Labor Relations Act (NLRA). They ordered the company to reinstate the employee.

The decision overrules the NLRB’s 2020 decision in General Motors and requires employers to consider several “setting-specific” factors before taking adverse employment action against an employee for outbursts to management in the workplace, including:

  • The place of the discussion;
  • The subject matter of the discussion;
  • The nature of the employee’s outburst; and
  • Whether the outburst was, in any way, provoked by an employer’s unfair labor practice.

For an employee’s use of social media and conversations among employees at work, the employer must consider the “totality of the circumstances.” When the employee engages in the conduct in question while on a picket line, the employer must consider whether the conduct reasonably tends to coerce or intimidate non-striking employees.

The decision will make it more difficult for employers to discipline or fire workers who use offensive language and or engage in offensive behavior when they are involved in a protected activity.

How:

  • Review your policies and procedures and update them to comply with the law.
  • Consider consulting with competent counsel regarding new procedures under Lion Elastomers.
  • Train managers on the law.

Additional Resources:

Board Returns to Traditional Standards for Evaluating Employee Misconduct During Protected Concerted Activity

Lion Elastomers: NLRB Case Number 16-CA-190681

National Labor Relations Board Employee Rights

National Labor Relations Board Protected Activity

2023 Minimum Wage Updates

KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.

Check out the latest minimum wage changes for 2023, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.

Resources for Success

OSHA Reporting Resource Hub

If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.

We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.

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