January 29, 2023

Volume XIII, Number 29


January 27, 2023

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Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities – Employment Law This Week [VIDEO] [PODCAST]

This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.




Texas Court Reinstates DOL Independent Contractor Rule

A district judge in Texas has reinstated a Department of Labor (DOL) rule that created a uniform test for determining worker classification under the Fair Labor Standards Act. The rule was established in the final weeks of the Trump administration, and withdrawn by the Biden administration. Read more.

OFCCP Targets Pay Equity Audits

In its first directive of the Biden administration, the Office of Federal Contract Compliance Programs (OFCCP) details the requirement for employers to conduct regular, in-depth pay equity audits. And then it goes a step further. If the OFCCP has any concerns with a government contractor’s or subcontractor’s compliance evaluations, it will request access to “a complete copy” of the pay equity audit.

OSHA Focuses COVID-19 Inspections on Health Care Facilities

The Occupational Safety and Health Administration (OSHA) recently announced its intent to check up on previously cited health care facilities. Though the COVID-19 health care emergency temporary standard is no longer in effect, this announcement makes it clear that many elements are still required.

©2023 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 82

About this Author

George Carroll Whipple III, Epstein Becker Green, Workforce Management Lawyer, Hiring Matters Attorney

GEORGE CARROLL WHIPPLE, III, is a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green. He hosts the firm's innovative weekly video program, Employment Law This Week.

Mr. Whipple:

  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws

  • ...