National Legal Updates

To view all legal updates, visit our Resources page and select the Legal Updates tab at the top.

If you're an existing ComplianceHR client, you can access these updates and robust links to learn more about each of these changes through the PolicySmart™ solution.

 

---

National Legal Updates:

November 2023

• SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law
• NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

September 2023

• The United States Securities and Exchange Commission Adopts Final Rule on Standardized Security Risk Disclosures (effective 09/05/23)
• The United States Securities and Exchange Commission Adopts Final Rule on Standardized Security Risk Disclosures
• DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions
• The Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims–Now Includes Updated Religious Accommodation Policy
• EEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act
• NLRB’s Cemex Decision Facilitates Card Check Recognition and Lowers Threshold for Issuing a Bargaining Order Without an Election
• OSHA Adopts Final Rule on Workplace Injury and Illness Reporting Requirements
• NLRB Adopts Tough New Standard for Workplace Rules

August 2023

• USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification (effective 08/01/23)
• CMS Withdraws COVID-19 Vaccine Mandate (effective 08/04/23)
• Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

July 2023

• The Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims
• U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs
• CMS Withdraws COVID-19 Vaccine Mandate
• Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023
• OSHA Launches Nationwide Program Focusing on Workplace Falls
• U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?
• EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII
• National Labor Relations (Once Again) Narrows Definition of "Independent Contractor" Under the National Labor Relations Act
• Littler Publishes Report Examining Generative AI in the Workplace

May 2023

• OSHA and DOL Issue Final Rule on Procedures for Handling Retaliation Claims Under Taxpayer First Act

April 2023

• OSHA and DOL Issue Final Rule on Procedures for Handling Retaliation Claims Under Taxpayer First Act
• Littler Publishes Guide: What COVID-19 Leave is Left?
• Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories
• DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks
• NLRB Decision Addresses Interaction between Confidentiality and Nondisparagement Provisions in Severance Agreements and Section 7 Rights
• OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added
• Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test
• Littler Spotlights Trends in Pending Legislation

March 2023

• Littler Publishes Guide: What COVID-19 Leave is Left?
• Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories
• DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks
• NLRB Decision Addresses Interaction between Confidentiality and Nondisparagement Provisions in Severance Agreements and Section 7 Rights
• OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added
• Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test
• Littler Spotlights Trends in Pending Legislation

February 2023

• FTC Proposes Rule Banning Non-Competes
• USERRA Expanded to Cover FEMA Reservists--New, Updated Policy Now Included
• Congress Expands Protections for Pregnant Employees and Employees Who Are Nursing
• Federal Government Enacts Respect for Marriage Act, Repeals Defense of Marriage Act
• Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants
• IE&D Hot Topics for Employers: Looking Back at 2022 and Preparing for 2023
• Publicly Traded Employers Will Need to Implement a Policy on Clawing Back Incentive Pay from Former and Current Executive Officers

January 2023

• Treasury Department Issues Guidance on the Inflation Reduction Act’s Prevailing Wage and Apprenticeship Requirements
• President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving Sexual Assault and Harassment Claims
• New Laws Extend Employment Authorization Eligibility Granted to Refugees/Parolees to Certain Individuals from Afghanistan and Ukraine
• Federal Government Enacts Respect for Marriage Act, Repeals Defense of Marriage Act
• Congress Expands Protections for Pregnant Employees and Employees Who Are Nursing
• FTC Proposes Rule Banning Non-Competes
• USERRA Expanded to Cover FEMA Reservists–New, Updated Policy Now Included

December 2022

• OFCCP Sued to Compel Release of EEO-1 Data
• Dear Littler Addresses Laws Requiring Customer Access to Restrooms
• NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

November 2022

• USCIS Announces Employers Should Continue to Use Current Version of Form I-9 After Oct. 31, 2022
• Department of Labor Proposes New Rule for Independent Contractor Status
  DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023
• Dear Littler Addresses Requests for Time Off for Religious Observance
• NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices
• USERRA Expanded to Cover FEMA Reservists–Policy Updates Forthcoming
• Dear Littler Addresses Laws Requiring Customer Access to Restrooms
• EEOC Releases Updated “EEO is the Law” Poster

October 2022

• Dear Littler Addresses Monkeypox
• Department of Labor Proposes New Rule for Independent Contractor Status
• DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023

September 2022

• The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria
• Monkeypox: What Does this Mean for Employers?

August 2022

• Littler Insight Addresses Employer Considerations for Navigating Evolving Gun Laws

July 2022

• Supreme Court Permits Arbitration of Individual PAGA Claims
• Temporary DHS Rule Increases Cap for H-2B Workers
• Littler ASAP Addresses Impacts of Dobbs Decision on Employer Benefit Plans
• Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

---

About ComplianceHR

ComplianceHR offers the only on-demand, intelligent suite of compliance applications focused on helping companies address the ever-changing federal and state employment law requirements on minimum wage, overtime, independent contracting, and more.

Fueled by the subject matter expertise of Littler, the world’s largest employment law firm and built on Neota’s AI-powered platform, ComplianceHR provides employers of all industries, sizes, and locations with solutions that empower employers to handle complex compliance issues with less time, cost, and complexity than traditional methods. The Navigator Suite simplifies employment law compliance, allowing you to streamline your compliance workflow in only a few simple clicks.

If you are not an existing client, we welcome you to register for a no obligation consultation with a compliance expert. After you’ve met with our compliance consultant, you can receive a free, 14-day trial to use all of the Navigator Suite applications. Register for a demonstration.