The Spring Regulatory Agenda was released laying out federal agency rulemaking priorities. The DOL's Wage and Hour Division plans to issue a notice of proposed rulemaking to amend regulations prescribing how employers must calculate the "regular rate of pay" to determine worker pay for overtime hours under the Fair Labor Standards Act. The proposed rule is scheduled for September. The WHD also intends to reissue a proposed rule on tip pooling in August of 2018, and in January 2019 expects to release a NPRM for a revised overtime rule proposal to replace the 'Final Overtime Rule' issued under the Obama Administration. The WHD also formally announced plans to update the child labor protections under the Fair Labor Standards Act to allow teenagers to work longer hours in hazardous conditions. This rulemaking proposal is slated for October.

The Department of Homeland Security's spring agenda includes a set of proposed rules covering the H-1B visa program, revising the definitions of "specialty occupation," "employment," and "employer-employee relationship" to "better protect US workers and wages." In addition, DHS will propose additional requirements to ensure that "appropriate" wages are paid to H-1B visa holders. Further, DHS has issued a proposal to rescind the H-4 visa which grants employment authorization to the spouses of H-1B visa holders. Practical training reform with a focus on F and M visas will also be undertaken by the Department.

U.S. Immigration and Customs Enforcement (ICE) announced the Homeland Security Investigations (HSI) has doubled the amount of ongoing worksite cases this fiscal year compared to the last fully completed fiscal year. USCIS announced a new policy regarding enforcement of student visa overstays. The policy applies to F, J, and M visas, will change the way the agency calculates "unlawful presence" — time spent in the U.S. after legal status ends. A person who accrues unlawful presence can be barred from the U.S. for years, or even permanently.

OSHA has announced that it is now requiring employers in states with their own OSHA plans, that have not completed adoption of their own state electronic record keeping rule to submit their Form 300A data for Calendar Year 2017.

OSHA is relying on Section 18(c)(7) of the Occupational Safety and Health Act ("Act") which governs state jurisdiction and state OSHA plans, in making this change. These employers are required to submit their data by July 1, 2108. To see the OSHA Press Release, click here.

The federal Occupational Safety and Health Administration (OSHA) recently announced that covered establishments in all states, including establishments in California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming, must electronically submit data from their 2017 OSHA Form 300A to OSHA by July 1, 2018. Previously, employers in those seven states were deemed exempt.

As a reminder, the following establishments, if currently required to comply with OSHA's recordkeeping requirements, must electronically submit data from their 2017 Forms 300A to OSHA:

• Establishments with 250 or more employees; and

• Establishments in certain designated industries with 20-249 employees.

Click here to read the OSHA announcement. To submit your establishment's data, click here.

 

Proposed amendments to the state Fair Employment and Housing Act (FEHA) addressing national origin protections were recently approved and are effective July 1, 2018. The new regulations expand the state's already strict rules that prohibit harassment and discrimination based on protected classes, including national origin. The regulations protect both applicants and employees, including individuals who are undocumented. The regulations broadly define "national origin" to include an individual's or ancestors' actual or perceived: Physical, cultural or linguistic characteristics associated with a national origin group; Marriage to or association with persons of a national origin group; Tribal affiliation; Membership in or association with an organization identified with or seeking to promote the interests of a national origin group; Attendance or participation in schools, churches, temples, mosques or other religious institutions generally used by persons of a national origin group; and name that is associated with a national origin group. Find more information on the regulations in the Rulemaking Actions section of the Fair Employment and Housing Council's website.

Beginning July 1, 2018, employers with 26 or more employees must pay wages of not less than $13.25 per hour (in addition to any tips received) to each employee. The City of Pasadena updated its minimum wage rate official notice to reflect this increase.

San Francisco, CA

On May 7, 2018, the San Francisco Office of Labor Standards Enforcement (OLSE) published revised rules concerning the city's Paid Sick Leave Ordinance (PSLO). The final PSLO rules mirror the rules proposed in mid-March. 

 

There were no mandatory poster updates for the month of June. Stay tuned for updates next month and let us know if you have any additional questions!

 

Under federal law, employers are responsible for providing workplaces free of known safety hazards, which includes protecting workers from extreme heat. The U.S. Occupational Safety and Health Administration's (OSHA) heat illness website provides employers with (among other things) information on how to meet their obligations under the law.

OSHA's tips and strategies include the following:

 Provide heat stress training. Topics you may wish to address include worker risk, prevention, symptoms (including the importance of workers monitoring themselves and coworkers), treatment, and personal protective equipment.

 Schedule hot jobs for the cooler part of the day. The best way to prevent heat illness is to make the work environment cooler. Monitor weather reports daily and reschedule jobs with high heat exposure to cooler times of the day. When possible, routine maintenance and repair projects should be scheduled for the cooler seasons of the year.

 Provide rest periods with water breaks. Provide workers with plenty of cool water in convenient, visible locations in shade or air conditioning that are close to the work area. Avoid alcohol and drinks with large amounts of caffeine or sugar.

 Monitor workers who are at risk of heat stress. Workers are at an increased risk of heat stress from personal protective equipment, when the outside temperature exceeds 70°F, or while working at high energy levels. Workers should be monitored by establishing a routine to periodically check them for signs and symptoms of overexposure.

 Acclimatize workers by exposing them for progressively longer periods to hot work environments. Allow workers to get used to hot environments by gradually increasing exposure over at least a 5-day work period. OSHA suggests beginning with 50% of the normal workload and time spent in the hot environment, and then gradually building up to 100% by the fifth day.

Note: Certain states (e.g., California) may have their own heat-illness prevention standards. 

The Centers for Disease Control and Prevention also has a page dedicated to providing information on heat stress (including symptoms and first aid), along with fact sheets and other resources for protecting employees.