On September 29, the federal government issued the following regulations of interest to ABC stakeholders:
· the U.S. Department of Labor (DOL) issued the final rule on paid sick leave
· the U.S. Equal Employment Opportunity Commission (EEOC) issued the revised Employer Information Report or EEO-1
DOL’s Final Rule on Paid Sick Leave
The final rule will require certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care. The paid sick leave required by the final rule is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the final rule.
The rule will go into effect 60 days after publication of the final rule on Sept. 30, 2016. The final rule applies to covered contracts where the solicitation of the contract has been issued, or the contract has been awarded outside the solicitation process, on or after Jan. 1, 2017.
ABC National staff and ABC’s general counsel are currently reviewing the 466 page final rule and more information will be forthcoming. ABC National will continue to keep ABC chapters and members informed of any developments.
ABC submitted comments in April 2016 asking DOL to withdraw the rule as proposed.
Resources on the final rule include:
· DOL Resource Page
· Paid Sick Leave Fact Sheet
· Paid Sick Leave FAQ
· White House Fact Sheet
· Final Rule
EEOC’s Revised EEO-1
The EEOC finalized its revisions to the EEO-1 report, which will impact private employers, including federal contractors and subcontractors, with 100 or more employees. Beginning in March 2018, such employers will be required to report pay data and hours worked on the new EEO-1 form. A more detailed analysis will be included in next week’s Newsline.
Please note: The revision does not impact the current 2016 EEO-1 report which is due on Sept. 30, 2016. Additionally, the revision does not change the requirements for federal contractors and subcontractors with 50-99 employees who will continue to report employees by job category, sex, ethnicity and race. Federal contractors and subcontractors with 49 or fewer employees and employers with 99 or fewer employees are still not required to complete the EEO-1 report.
ABC submitted comments on April 1 and Aug. 12 expressing serious concerns about the EEOC proposal.
Resources on the revised EEO-1 report include:
· EEOC press release
· New EEO-1 Form
· Fact Sheet
· Questions and Answers
· EEOC will offer free webinars on Oct. 20 and Oct. 26, 2016
Please do not hesitate to contact me, Karen Livingston, at firstname.lastname@example.org or Lauren Williams at email@example.com with any further questions.