Compliance Stuff

As Mental Health Awareness Month (annually observed each May) draws attention to the prevalence of mental health conditions in the workplace, employers should be reminded that mental health conditions may qualify as disabilities under the Americans with Disabilities Act (ADA), and, if so, employers have the same reasonable accommodation obligations they would for any physical disability. 00:00 10:29 Quick Hits The ADA’s broad definition of “disability” expressly encompasses mental health condition s, which may include major depressive disorder, panic disorder, anxiety disorder, post-traumatic stress disorder (PTSD), attention deficit disorder, and autism spectrum disorder, among others. Employers have an obligation to provide reasonable accommodation(s) that enable employees with mental health disabilities to perform their essential job functions or enjoy the equal privileges and benefits of employment. Employees are not entitled to dictate a preferred accommodation; employers may expl...

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks statutory authority under the Fair Labor Standards Act (FLSA) to unilaterally terminate the practice. Quick Hits The WHD is withdrawing a December 2024 proposal to eliminate subminimum wage certificates for workers with disabilities. The agency, at the direction of the Trump administration, cited a lack of statutory authority to unilaterally terminate the program. On July 7, 2025, the WHD  published a notice  in the  Federal Register  announcing the withdrawal of a p roposed rule published on December 4, 2025, that would have phased out the practice of issuing certificates under Section 14(c) of the FLSA to allow employers to pay subminimum wages to certain workers with disabilities . Section 14(c) of the FLSA requires the DOL to issue certificate...

Spoiler: Section 503 takes center stage.   The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights : Executive Order 11246 . The OFCCP  proposes to rescind  the implementing regulations altogether. Vietnam Era Veterans’ Readjustment Assistance Act . The OFCCP  proposes to update  the regulations to remove references to Executive Order 11246 and its regulations. Section 503 of the Rehabilitation Act . In addition to eliminating references to Executive Order 11246, the OFCCP  proposes to rescind  all obligations relating to disability statistics , including voluntary invitations to applicants and employees to self-identify as disabled, the 7 percent utilization goal for individuals with a disability, and the data collection analysis. Proposed rule to rescind Executive Order 11246 regulations President Trump  revoked Executive Order 11246 ...

  Alaska voters approved   Ballot Measure 1   (according to unofficial election results) which provides for paid sick leave for all employees in Alaska. (The measure also raises the minimum wage over the next several years and imposes restrictions on employer-sponsored meetings about religious or political matters.) This new paid sick leave requirement becomes effective July 1, 2025. Who is Eligible for Paid Sick Leave? The new law applies to all employers and employees in Alaska. There are limited exceptions for apprentices, employees in work therapy programs, prison inmates, employees subject to the federal Railroad Unemployment Insurance Act, and other narrow exceptions. Accrual and Carryover All employees are entitled to accrue a minimum of one hour of paid sick leave for every 30 hours worked up to a cap. Employers with 15 or more employees may cap accrual and usage at 56 hours of paid sick leave per year. Employers with fewer than 15 employees may cap accrual and us...