Compliance Stuff

  It’s often a long road from identifying an issue, creating a consensus and then designing a solution. That seems to be the case with the philosophy called  total worker health ( TWH). It was created in 2006 by the National Institute for Occupational Safety and Health (NIOSH) to “expand the science, education and training around a more holistic approach to worker well-being.” “TWH is defined as policies, programs and practices that integrate protection from work-related safety and health hazards with promotion of injury and illness prevention efforts to advance worker well-being,” according to  Harvard’s T.H. Chan School of Public Health’s Center for Work, Health & Well-Being,  one of the 10 centers of excellence created by NIOSH to implement this doctrine. Since its creation, many companies have adopted this expanded vision of safety and created programs to address it. By 2023, 58% of small firms and 94% of large companies in the U.S. had a wellness program. I...

 The Office of Federal Contract Compliance Programs (OFCCP) has announced through its website and the Federal Register a new Freedom of Information Act (FOIA) request targeting federal contractors’ Type 2 Consolidated EEO-1 Reports for the year 2021. The new FOIA request is entirely separate from the previous request made in 2022 that sought only 2016–2020 Type 2 Consolidated EEO-1 reports. This new request, to be published in the Federal Register on October 29, 2024, aims to obtain similar reports but for a different timeframe. Quick Hits New FOIA request noticed: A new FOIA request has been filed with OFCCP, seeking the release of federal contractors’ 2021 Type 2 Consolidated EEO-1 Reports in OFCCP’s possession. Deadline for objections: Contractors have forty days from the date of publication of OFCCP’s notice to object to the disclosure of their 2021 EEO-1 data. Separate from previous request: This is a new request for 2021 Consolidated EEO-1s; the most recent request in 2022 co...

  On October 24, 2024, President Biden signed the first-ever   National Security Memorandum   (“NSM”) focused on artificial intelligence (“AI”), pursuant to subsection 4.8 of   Executive Order 14110 . The NSM provides guidance on developing, employing, and strengthening AI usage within the federal government. The NSM outlines three main objectives which serve as guideposts in directing the U.S. Government in “appropriately harnessing AI models and AI-enabled technologies . . .” Below are the NSM’s requirements that support each objective. Objective 1: Leading the world’s development of safe, secure, and trustworthy AI. The Department of Defense (“DoD”) and the Department of Homeland Security (“DHS”) must assist in attracting and bringing individuals with relevant AI experience to the U.S. Within 180 days of the NSM (April 22, 2025), the Chair of Economic Advisers must prepare an analysis of the AI talent market in the U.S. and other countries. The DoD, Department of ...

  Seyfarth Synopsis : The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that employers must navigate when responding to pregnancy-related requests for accommodation. The Pregnant Workers Fairness Act added more protections for pregnant workers—employees or applicants who have known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions—beyond the ones available under existing federal law. Prior to the PWFA’s passage last year, pregnant workers were protected only by the Pregnancy Discrimination Act, which essentially requires that pregnant workers be treated the same as similarly situated non-pregnant workers, and the Americans with Disabilities Act, which requires employers to accommodate physical and mental conditions that rise to the level of a disability absent ...

  Fatigue continues to be a problem for workers. In fact, more than 43% of U.S. workers are sleep deprived and say they are too tired to function at their job, according to a survey released by the National Safety Council in 2019.     By 2020 that number went up to 77%. Although the pandemic was probably a large component of that, the numbers are not going in the right direction. This issue has a direct impact on safety in the workplace. It’s estimated, by the National Safety Council, that 13% of workplace injuries are caused by fatigue. Translated into costs, employers are paying more than $136 billion annually in health-related lost productivity. Viewing this number from a cost per employee, it’s around $1,200-$3,100 per year. In addition to injuries, fatigue can cause reduced mental cognition, decision-making, and reaction time, as well as decreased performance and productivity. As is the case with solving many issues, technology has a large role to play. In this...

  The SBA dropped a bombshell   proposed  rule   last week that it estimates could result in an additional $6 billion in government contract task or delivery orders going to   small businesses . The rule would confirm that the the advantageous (though occasionally maligned)  Rule of Two  applies to competitions under multiple award contracts (MACs). The increased use of large multi-award contracts helps and hurts small businesses These  huge  contracting vehicles—Government-Wide Acquisition Contracts, Multi-Agency Contracts, Blanket Purchase Agreements—are generally indefinite delivery, indefinite quantity (“IDIQ”) where those companies that hold the contracts later compete for task or delivery orders placed by authorized agencies. Over the last decade or so, these vehicles have grown in popularity. Though they almost always include a small business reserve, some advocates have complained that the small businesses even if they are awarded ar...

  Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. Please provide your two cents in the comments! PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to be a first-shift manager at one of your restaurants.  You have a policy that says employees, including management, will receive progressive discipline for being absent without proper notification. In non-emergency situations, they are required to call in before the start of their shifts. Gwendolyn is out one day and fails to call in as required by the policy. Per the policy, you counsel her about the need to provide timely notice of her absences. WHEN GWENDOLYN NO-SHOWED, YOU HAD TO GET BY WITH A SKELETON CREW. A little while later, she does it again. This time you amp it up to a written warning and say that failure to comply in the future could result in "disciplinary action, up to and including discharge....

  The U.S. Supreme Court kicked off its new term on October 7, 2024. This term, the Supreme Court has been asked to weigh in on at least four cases that raise important issues that may have far-reaching implications for employers. Below we highlight the main issues that employers should be aware of and the potential implications they should prepare for. Exhausting State Administrative Remedies as a Prerequisite to Bringing Federal Civil Rights Claims in State Court First up on the Supreme Court’s docket was  Williams v. Washington . Oral arguments were held on October 7, 2024, wherein the Court was asked to decide whether workers must exhaust state administrative remedies as a condition precedent to bringing federal civil rights claims in state court. The Alabama Supreme Court ruled for the Alabama Department of Labor, affirming dismissal of a lawsuit filed by Alabama residents for failure to exhaust administrative remedies. The residents sued the agency under Section 1983 of ...