Federal Changes: Additional Regulations

2 weeks ago

For those of you who recently saw our prior post regarding rules around the Fair Labor Standards Act increase in threshold, the Pregnant Workers Fairness Act, and banning non-compete agreements, the Feds continue to be busy with additional laws:

The Farmworker Protection Final Rule is effective on June 28, 2024, and is intended to limit workers hired under the H-2A program as temporary agricultural workers by limiting their employment only when there are not sufficient “able, willing, and qualified US workers available to perform the work”. The intent is to “prevent adverse effect on workers in the US.” It also allows temporary workers “to advocate on behalf of themselves and their co-workers regarding working conditions,” address transparency in the recruitment process, and clarifies the definition of “for cause” as it relates to worker rights, among other items. According to the Department of Labor, this will also streamline processes.

The EEOC published its “Enforcement Guidance on Harassment in the Workplace” on April 29, 2024. This replaces five guidance documents that were previously issued between 1987 and 1999. It provides updates, including information on online harassment, and as previously reported by Southwestern HR Consulting (SWHRC), addresses items related to sexual orientation and gender identity. This includes addressing “repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering); or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.” The EEOC has also provided some companion resources to assist employers: “Summary of Key Provisions,” a document for employees, and a fact sheet for small businesses.

For those of you who are Federal Contractors and use Artificial Intelligence in your hiring process, the Office of Federal Contract Compliance Programs (OFCCP) just sent out an announcement about a release of an “Artificial Intelligence (AI) landing page with new guidance.” [This is timely as the conference theme this week for the Society of Human Resource Management New Mexico (SHRMNM) was AI.]

We will continue to provide more in-depth information in the weeks to come. If you would like to see prior articles or you need Human Resources expertise or additional HR resources to support your existing HR staff, we can help you at Southwestern HR Consulting (SWHRC). Contact SWHRC today at the link above to talk to find out about our services and our team of experts.