Information provided by ODEP News Brief
The comment period for the U.S. Department of Labor's Notice of Proposed Rulemaking (NPRM) on increasing the representation of under-represented groups in apprenticeship programs has been extended until January 20, 2016. The purpose of the proposed rule is to ensure this talent pool is inclusive of all qualified candidates, including people with disabilities. Employers and other organizations that sponsor apprenticeship programs (or may do so in the future) are encouraged to submit feedback. To assist in doing so, the Employer Assistance and Resource Network on Disability Inclusion (EARN) developed a policy brief about the NPRM.
• Read the EARN policy brief
• Comment on the NPRM
Showing posts with label DOL NPRM. Show all posts
Showing posts with label DOL NPRM. Show all posts
Friday, January 8, 2016
Wednesday, March 18, 2015
Rule will also apply to Defense Base Act, NAFIA and OCSLA claims
Direct Final Rule and Notice of Proposed Rulemaking seeks to modernize document and info transmission of Longshore claims
The U.S. Department of Labor's Office of Workers' Compensation Programs is expanding the means by which documents and information can be transmitted between OWCP and its stakeholders. A direct final rule and a proposed rule published in the March 12 issue of the Federal Register apply to claims handled by OWCP's longshore program.
The Transmission of Documents and Information rule adds new modernized electronic communication options. It allows easier, more efficient transmission of records to OWCP and enables more efficient delivery of information to stakeholders. The rule also allows various parties and their representatives to agree to electronic receipt of documents and other communications. It also specifies that OWCP may receive digital documents and data through the use of current and future technologies, allows the director to specify the locations for filing forms and documents, eliminates the requirement for duplicate submissions, and provides an optional electronic alternative to the statutory requirement that mandates delivery of orders via registered or certified mail.
"Using current communications technology is increasingly important to good governance," said Leonard J. Howie III, director of OWCP. "In publishing this rule, we've listened to our stakeholders, and I feel confident that modernizing our regulations to embrace new technology will enable us to provide a heightened level of service."
Both the direct final rule and the proposed rule were published in the March 12 issue of the Federal Register and can be viewed at http://1.usa.gov/1b2E3dq and http://1.usa.gov/1Mu33rz. Interested parties may submit comments online at http://www.regulations.gov or through the other methods listed in the Federal Register until May 11. If OWCP receives no significant adverse comment by that time, the direct final rule will become effective 30 days later. Otherwise, OWCP will withdraw the direct final rule and continue with the proposed rule and traditional notice-and-comment rulemaking.
The mission of OWCP's Division of Longshore and Harbor Workers' Compensation is to minimize the impact of land-based, maritime employment injuries and deaths on injured employees and their families by ensuring that workers' compensation benefits are provided promptly and properly under the Longshore and Harbor Workers' Compensation Act. The DLHWC oversees the delivery of compensation and medical benefits; offers technical and compliance assistance; and provides informal dispute resolution services to workers, employers, and insurers. The LHWCA has been extended to other groups of employees under the Defense Base Act, the Outer Continental Shelf Lands Act, and the Non-Appropriated Fund Instrumentalities Act. For more information, visit http://www.dol.gov/owcp/dlhwc/.
Source: DOL
The U.S. Department of Labor's Office of Workers' Compensation Programs is expanding the means by which documents and information can be transmitted between OWCP and its stakeholders. A direct final rule and a proposed rule published in the March 12 issue of the Federal Register apply to claims handled by OWCP's longshore program.
The Transmission of Documents and Information rule adds new modernized electronic communication options. It allows easier, more efficient transmission of records to OWCP and enables more efficient delivery of information to stakeholders. The rule also allows various parties and their representatives to agree to electronic receipt of documents and other communications. It also specifies that OWCP may receive digital documents and data through the use of current and future technologies, allows the director to specify the locations for filing forms and documents, eliminates the requirement for duplicate submissions, and provides an optional electronic alternative to the statutory requirement that mandates delivery of orders via registered or certified mail.
"Using current communications technology is increasingly important to good governance," said Leonard J. Howie III, director of OWCP. "In publishing this rule, we've listened to our stakeholders, and I feel confident that modernizing our regulations to embrace new technology will enable us to provide a heightened level of service."
Both the direct final rule and the proposed rule were published in the March 12 issue of the Federal Register and can be viewed at http://1.usa.gov/1b2E3dq and http://1.usa.gov/1Mu33rz. Interested parties may submit comments online at http://www.regulations.gov or through the other methods listed in the Federal Register until May 11. If OWCP receives no significant adverse comment by that time, the direct final rule will become effective 30 days later. Otherwise, OWCP will withdraw the direct final rule and continue with the proposed rule and traditional notice-and-comment rulemaking.
The mission of OWCP's Division of Longshore and Harbor Workers' Compensation is to minimize the impact of land-based, maritime employment injuries and deaths on injured employees and their families by ensuring that workers' compensation benefits are provided promptly and properly under the Longshore and Harbor Workers' Compensation Act. The DLHWC oversees the delivery of compensation and medical benefits; offers technical and compliance assistance; and provides informal dispute resolution services to workers, employers, and insurers. The LHWCA has been extended to other groups of employees under the Defense Base Act, the Outer Continental Shelf Lands Act, and the Non-Appropriated Fund Instrumentalities Act. For more information, visit http://www.dol.gov/owcp/dlhwc/.
Source: DOL
This information is intended to be
educational and should not be considered legal advice on any specific matter.
Thursday, January 29, 2015
That Was Then. This Is Now.
The Labor Department announced a plan on January 28, 2015 to modernize outdated guidelines on sex discrimination. The proposal addresses a myriad of issues from sexual harassment, pay discrimination and pregnancy accommodations to safeguards for transgender workers and combating hostile work environments. Donna Lenhoff, a civil rights specialist at the Department of Labor, discusses the need for these new rules.
In 1970, less than 0ne-third of married women with children under the age of six participated in the labor force. Today, that figure has more than doubled.
In 1970, some states had “protective laws” that explicitly barred women from certain jobs or, for example, prohibited women from continuing to work once they became pregnant. Employers would advertise jobs in sex-segregated newspaper columns – women’s work separate from men’s work. And it was not uncommon for employers to make their female employees retire at earlier ages than their male counterparts.
In 1970, the Supreme Court had not yet recognized that sex stereotyping and sexually hostile work environments could constitute unlawful sex discrimination. Congress had not yet enacted the Pregnancy Discrimination Act, requiring employers to treat pregnancy the same as other conditions that similarly affect a person’s ability to work.
And in 1970, the Department of Labor’s Office of Federal Contract Compliance Programs adopted its Sex Discrimination Guidelines under Executive Order 11246, which prohibits sex discrimination in employment by federal contractors and subcontractors.
Those guidelines have not been substantially updated since 1970.
OFCCP’s guidelines were designed to address laws and employment practices as they existed 45 years ago. They read almost like a history textbook, a relic of our past. They certainly do not address the changes to the law that have occurred since they were written, nor the barriers to equal opportunity and fair pay that women continue to face in the workplace today.
Today, women who work full-time earn only 78 cents on the dollar compared to men. Sex segregation remains widespread; women are underrepresented in higher-level and more senior jobs. Women still report that they have been discriminated against because of pregnancy. Assumptions that family caregiving responsibilities will interfere with work performance still limit opportunities. Sexual harassment remains pervasive, especially in jobs that are not considered traditional for women.
Progress has been happening on all these fronts – in courtrooms and city halls and state legislative chambers across the country. In the past year alone, Illinois, Delaware, Maryland, Minnesota, New Jersey and West Virginia have enacted legislation requiring employers to provide accommodations, such as stools to sit on or light-duty assignments, to pregnant workers.
Now, it’s time – past time, really – for us to do our part. We announced a proposal to finally revise OFCCP’s Sex Discrimination Guidelines so that they reflect changes in the law and in the workplace that have taken place since 1970. Our Notice of Proposed Rulemaking will be published in the Federal Register this Friday, and we invite you to share your feedback on it by going to www.dol.gov/ofccp/SDNPRM. The comment period closes on March 31.
Our revisions of these guidelines are about good government. They’re about ensuring that both women and men are treated fairly in the workplace. And they will provide employers with much needed clarity in understanding their obligations under the law.
Source: DOL Donna Lenhoff is the senior civil rights advisor in the department’s Office of Federal Contract Compliance Programs.
In 1970, less than 0ne-third of married women with children under the age of six participated in the labor force. Today, that figure has more than doubled.
In 1970, some states had “protective laws” that explicitly barred women from certain jobs or, for example, prohibited women from continuing to work once they became pregnant. Employers would advertise jobs in sex-segregated newspaper columns – women’s work separate from men’s work. And it was not uncommon for employers to make their female employees retire at earlier ages than their male counterparts.
In 1970, the Supreme Court had not yet recognized that sex stereotyping and sexually hostile work environments could constitute unlawful sex discrimination. Congress had not yet enacted the Pregnancy Discrimination Act, requiring employers to treat pregnancy the same as other conditions that similarly affect a person’s ability to work.
And in 1970, the Department of Labor’s Office of Federal Contract Compliance Programs adopted its Sex Discrimination Guidelines under Executive Order 11246, which prohibits sex discrimination in employment by federal contractors and subcontractors.
Those guidelines have not been substantially updated since 1970.
Click to view the full-size timeline of laws about sex discrimination in the workplace.
Today, women who work full-time earn only 78 cents on the dollar compared to men. Sex segregation remains widespread; women are underrepresented in higher-level and more senior jobs. Women still report that they have been discriminated against because of pregnancy. Assumptions that family caregiving responsibilities will interfere with work performance still limit opportunities. Sexual harassment remains pervasive, especially in jobs that are not considered traditional for women.
Progress has been happening on all these fronts – in courtrooms and city halls and state legislative chambers across the country. In the past year alone, Illinois, Delaware, Maryland, Minnesota, New Jersey and West Virginia have enacted legislation requiring employers to provide accommodations, such as stools to sit on or light-duty assignments, to pregnant workers.
Now, it’s time – past time, really – for us to do our part. We announced a proposal to finally revise OFCCP’s Sex Discrimination Guidelines so that they reflect changes in the law and in the workplace that have taken place since 1970. Our Notice of Proposed Rulemaking will be published in the Federal Register this Friday, and we invite you to share your feedback on it by going to www.dol.gov/ofccp/SDNPRM. The comment period closes on March 31.
Our revisions of these guidelines are about good government. They’re about ensuring that both women and men are treated fairly in the workplace. And they will provide employers with much needed clarity in understanding their obligations under the law.
Source: DOL Donna Lenhoff is the senior civil rights advisor in the department’s Office of Federal Contract Compliance Programs.
This information is intended to be
educational and should not be considered legal advice on any specific matter.
Monday, February 4, 2013
Ground Hog Day at the OFCCP
While Dates for OFCCP’s Revisions to Key Regulations Continue to Shift – Their Enforcement Agenda Does Not
It’s beginning to look a lot like Ground Hog Day, everywhere we go… as the OFCCP’s contractor community enters 2013 with what are perceived by many to be the same “potential game changers” hanging in the wind!
For those tracking OFCCP compliance trends, it might seem that we are reliving the movie “Ground Hog Day.” We started and ended 2012 under the same cloud that has followed us into 2013. Uncertainty surrounding a series of proposed revisions to key regulations has resulted in weariness on the part of the contractor community.
Since OFCCP’s regulatory agenda continues to be widely debated and discussed, we are not going to take time now to re-open the “cloud of potential angst.” However, for those interested in more information related to the pertinent issues at the center of the storm, the following links will take you right to the source for additional information on each – DOL/OFCCP:
Given OFCCP’s increasing use of aggressive enforcement strategies, this is no time for misdirection regarding the need for effective AAP development and implementation strategies. All the time spent anticipating, debating, and quite frankly, overdramatizing the impact of the proposed regulations, has consumed energy that could be better invested in devising proactive development and implementation strategies that will provide a framework on which to build when the clouds clear.
Source: Synchronized resources inc.
It’s beginning to look a lot like Ground Hog Day, everywhere we go… as the OFCCP’s contractor community enters 2013 with what are perceived by many to be the same “potential game changers” hanging in the wind!
For those tracking OFCCP compliance trends, it might seem that we are reliving the movie “Ground Hog Day.” We started and ended 2012 under the same cloud that has followed us into 2013. Uncertainty surrounding a series of proposed revisions to key regulations has resulted in weariness on the part of the contractor community.
Since OFCCP’s regulatory agenda continues to be widely debated and discussed, we are not going to take time now to re-open the “cloud of potential angst.” However, for those interested in more information related to the pertinent issues at the center of the storm, the following links will take you right to the source for additional information on each – DOL/OFCCP:
- Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans (Final Rule Anticipated: April, 2013)
- Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities (Final Rule Anticipated: April, 2013)
- Nondiscrimination in Compensation—Compensation Data Collection (NPRM Anticipated: June, 2013)
- Sex Discrimination (NPRM Anticipated: August, 2013)
- Construction Contractors’ Affirmative Action Requirements (NPRM Anticipated: October, 2013)
Given OFCCP’s increasing use of aggressive enforcement strategies, this is no time for misdirection regarding the need for effective AAP development and implementation strategies. All the time spent anticipating, debating, and quite frankly, overdramatizing the impact of the proposed regulations, has consumed energy that could be better invested in devising proactive development and implementation strategies that will provide a framework on which to build when the clouds clear.
Source: Synchronized resources inc.
This information is intended to be
educational and should not be considered legal advice on any specific matter.
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