President Biden Revokes Several Trump E.O.s
Pres. Biden has revoked Pres. Trump’s controversial executive order on diversity and inclusion training. The order, Executive Order 13950, placed restrictions on the content that federal contractors, grantees, and agencies, as well as the military, could cover in employee training. AGC and other stakeholders in the business community called on Pres. Trump to withdraw the confusing order last October. In December, a federal court issued a nationwide preliminary injunction temporarily halting implementation of the restrictions on federal contractors and grantees.
On January 15, 2021, the Equal Employment Opportunity Commission (EEOC) voted to approve revisions to EEOC’s Compliance Manual Section on Religious Discrimination. The Commission had not updated the Compliance Manual since 2008.
On December 15, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued All Agency Memorandum (AAM) 235 rescinding AAM 212 and once again confirming that surveying work is not covered by the Davis-Bacon Act. At this time, it is unclear how the new Biden administration DOL will approach this particular situation.
The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.
Vulnerable to Rollback in New Administration
Previously Delayed Due to Covid-19 Public Health Emergency
After delaying the opening of the 2019 EEO-1 Component 1 Data Collections on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has announced that the collections will now open in April 2021.
The U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule takes effect 60 days after publication in the Federal Register, on March 8, 2021, however, AGC expects the incoming Biden administration to reexamine the rule prior to it becoming effective.