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
Who: Contractors and subcontractors with federally funded or assisted contracts over $2,000
When: Effective October 23, 2023
The U.S. Department of Labor (DOL) released new regulations on August 8, 2023, effective October 23, 2023, that increase the prevailing wage standard for construction workers who are covered under the Davis-Bacon Act. The regulations update the Act, which is a minimum wage rule that was enacted in 1931 for the benefit of construction workers.
The Act requires employers to pay locally prevailing wages and fringe benefits on federal contracts for construction. It applies to contracts in excess of $2,000 that a federal agency or the District of Columbia enters into for the construction, alteration, or repair of public buildings or public works.
The new regulations:
- Allow the DOL to update outdated wage rates and adopt prevailing wage rates of state and local governments
- Go back to the prevailing wage definition from 1935-1983 to reflect actual wages.
- Allow the DOL to make wage determinations for labor classifications when the wage survey process provides insufficient data
- Update the regulatory language to reflect modern construction practices
- Broaden the scope of covered projects
- Add more contractor recordkeeping obligations
- Add anti-retaliation provisions
- Strengthen the DOL’s ability to enforce the rules and withhold a federal contractor’s money in order to pay an employee their lost wages
How:
- Familiarize yourself with the new regulations.
- Review your policies, consult with legal counsel, and update policies as needed to comply with the law.
Additional Resources:
Updating the Davis-Bacon and Related Acts Regulations
Final Rule: Updating the Davis-Bacon and Related Acts Regulations
Who: All employers
When: Comments due 60 days after publication in the Federal Register
On August 30, 2023, the U.S. Department of Labor (DOL) released a proposed rule that would raise the salary threshold for exempt executive, administrative, and professional employees. The current salary level for exempt employees is $684 per week, and the proposed level is $1,059 per week.
If the rule passes, covered employees who earn $55,068 or more per year will be exempt from overtime pay, whereas the current level exempts them from overtime pay if they make $35,568 or more per year. The effect of the change would be to make potentially millions more employees eligible for overtime pay for hours worked in excess of 40 per workweek.
For highly compensated employees (HCE), the salary threshold will increase from $107,432 to $143,988 per year. The duties tests for regular and highly compensation employees remain unchanged.
The Department of Labor has also proposed to update the exempt salary threshold every three years based on then-current wage data. The DOL will accept public comments for a period of 60 days after publishing the proposed rule in the Federal Register. If the rule is finalized, employers will need to review their pay practices and policies and provide training on the new requirements.
How:
- Once it has been published in the Federal Register, submit your comments on the proposed rule at regulations.gov.
Additional Resources:
Wage & Hour Division Frequently Asked Questions
Who: Employers with 15 or more employees
When: Comments due by October 10, 2023
The Equal Employment Opportunity Commission (EEOC) released proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) on August 11, 2023. The PWFA requires employers to make reasonable changes in the workplace for employees with pregnancy-related limitations.
The proposed regulations include examples of reasonable accommodation, define when an employee qualifies, and explain how the agency will interpret certain terms in the statute. They also expand protections to broadly define pre- and postpartum conditions, as well as set up a framework for proving that accommodation will cause the employer undue hardship. The regulations also explain limitations as to when an employer can request documentation of the condition.
The EEOC will accept public comments until October 10, 2023. Use RIN 3046-AB30 to pull up the proposed regulations at regulations.gov. States and cities have expanded pregnancy accommodation laws that already exist, and the Pregnant Workers Fairness Act (PWFA) does not replace those laws that are more protective.
How:
- Review the proposed regulations and submit your comments by October 10, 2023.
- Monitor for the release of the final regulations.
- Review your policies, employee handbook, and training materials and update them as needed to comply with the regulations.
- Train managers on the regulations.
- Post the Know Your Rights Poster.
Additional Resources:
Regulations To Implement the Pregnant Workers Fairness Act Proposed Rule
Know Your Rights Workplace Discrimination is Illegal Poster
What You Should Know About the Pregnant Workers Fairness Act
Who: Private employers with 100 or more employees; covered federal contractors with 50 or more employees
When: Effective immediately
The federal government requires employers to submit certain workforce data for the October to December time period each year, with the deadline usually occurring in March. For 2022 data, the Equal Employment Opportunity Commission (EEOC), which initially postponed the deadline to mid-July, now has delayed it again to fall of 2023.
The delay is due to the EEOC completing a mandatory, three-year renewal of the EEO-1 Component 1 data collection by the Office of Management and Budget under the Paperwork Reduction Act.
How:
- Monitor the EEOC website for the date the portal will open and the deadline for 2022 EEO-1 data.
Additional Resources:
Who: Employers covered by the National Labor Relations Act
When: Effective immediately
The National Labor Relations Board (NLRB) ruled in the Stericycle, Inc., 372 NLRB No. 113 (2023) on August 2, 2023. The ruling indicates the NLRB has adopted a new standard for evaluating the validity of workplace rules under the National Labor Relations Act (NLRA). Specifically, the NLRB will now consider a rule presumptively unlawful if it “could” be reasonably interpreted to curtail employee rights under Section 7 of the NLRA. Section 7 rights include the right to organize and bargain collectively. Federal or state governmental units, railroads, and airlines are exempt from the NLRA.
The Board also stated that it will base the “reasonable interpretation” on the perspective of whether an employee is economically dependent on the employer instead of a “reasonable” employee standard. The Board will assess workplace rules on a case-by-case basis.
Employers should pay special attention to disclaimers about Section 7 rights and workplace rules having to do with:
- A code of conduct
- Loitering
- Confidentiality during an ongoing investigation
- Nondisparagement
- Outside employment
- Civility
- Prohibition of media communications
- Use of social media
- Use of cameras or phones to record video
- Strikes, work stoppages, or slowdowns
The rule is retroactive. All employers covered by the NLRA must review and update their employee handbook policies to align with the new standard for evaluating work rules. Employers can rebut the presumption of unlawfulness by proving that the rule advances a legitimate and substantial business interest and that they are unable to advance that interest with a more narrowly tailored rule.
How:
- Audit your current employment policies and consult with counsel to ensure compliance with the law.
- Monitor for more information to be released.
Additional Resources:
Board Adopts New Standard for Assessing Lawfulness of Work Rules
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.
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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.