Biden Administration Releases Regulatory Plans. Maybe someone in the White House just read the Buzz’s Summer Forecast, because on June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. As the Buzz has discussed previously, the Unified Agenda provides stakeholders with notice of a presidential administration’s forthcoming regulatory plans. Set forth below is a preview of the significant labor and employment actions that the Biden administration is currently considering.
U.S. Department of Labor
Wage and Hour Division (WHD)
Occupational Safety and Health Administration (OSHA)
Office of Federal Contract Compliance Programs (OFCCP)
Office of Labor-Management Standards (OLMS)
By the end of June 2022, OLMS is scheduled to propose “a requirement for employers to disclose on the Form LM-10 [a reporting and disclosure form] whether the filer is a federal contractor and other related information.”
National Labor Relations Board
Joint employer. A rulemaking relating to the joint employer standard under the National Labor Relations Act is scheduled to be released in July 2022. Many expect the proposal to rescind or amend the Board’s 2020 rule and replace it with a broader, expansive test.
Election protection rule. In September 2022, the Board will propose revising the rule that was finalized on April 1, 2020, relating to blocking charges, voluntary recognition, and bargaining relationships in the construction industry.
U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC did not submit any pending actions for the Spring 2022 Unified Agenda. This is likely due to the fact that Chair Charlotte Burrows and fellow Democratic commissioner, Vice Chair Jocelyn Samuels, remain outnumbered on the Commission by three Republican commissioners. Assuming Democrats regain the Commission majority (as is expected to occur later this summer), look for the EEOC to reenter the regulatory game this fall.
U.S. Citizenship and Immigration Services
In the fall of 2021, U.S. Citizenship and Immigration Services predicted that it would propose changes to the H-1B visa program in May 2022. That proposal, which would “revise the regulations relating to [the] ‘employer-employee relationship’” and “implement new requirements and guidelines for site visits,” among other issues, has now been pushed back to May 2023.
Remembering Title IX and Patsy Mink. June 23, 2022, marked the fiftieth anniversary of the enactment of Title IX of the Education Amendments of 1972. The historic civil rights law states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” To commemorate the passage of the law, this week, the U.S. House of Representatives unveiled a portrait of former congresswoman Patsy Mink of Hawaii. Mink, who was the first Asian-American woman elected to Congress, was the bill’s primary champion in the House. Mink was so instrumental in passing Title IX that after her death in 2002, the statute was renamed the Patsy Takemoto Mink Equal Opportunity in Education Act. In 2014, President Obama posthumously awarded Mink the Presidential Medal of Freedom.
This content was originally published here.