Haste makes waste; that's an adage with which we're all too familiar. It seems it is also being demonstrated by a number of federal agencies eager to push out employer mandates sooner rather than later.  Let's look at some recent examples.

• EEOC's EEO-1 Report - On February 1, 2016 the Commission published a proposed rule to revise the reporting requirements for those who file EEO-1 reports. The proposal included requirements to provide "summary" pay data.  The Commission held a public hearing on March 16th.  Then on July 14th the EEOC published a revised rule as a result of the feedback it received during the initial notice and comment period as well as testimony provided during the hearing. The new deadline for notice and comment ends August 15th. For the latest information click here. 
• DOL's Persuader Rule - On April 25th the Department's Office of Labor-Management Standards' final rule amending what is known as the Persuader Rule under the Labor Management Reporting and Disclosure Act (LMRDA) took effect. This rule expanded reporting requirements to require employers and the consultants they hire to file reports regarding certain direct and indirect activities in which they engage such as developing or providing union avoidance training for managers, related policies or consulting on related matters. On June 27th the US District Court for the Northern District of Texas issued a preliminary injunction putting the rule on hold. 
• DOL's New Overtime Regulations - I am willing to bet this is not news to you but the legislative reactions within Congress may be. There are currently four bills pending to defer, phase-in or offset the impact of the new rule. 
• S. 2707 / H.R. 4773 - Protecting Workplace Advancement & Opportunity Act would defer the December 1, 2016 implementation date until the DOL has more time to perform further economic analysis on the impact the new rule will have on small business and employers in various industries.
• H.R. 5813 -  would retain the implementation date of December 1, 2016 but phase in the increase to the minimum salary requirement over several years.
• S. 233 / H.R. 465 - Working Families Flexibility Act does not impact the new rule directly but would permit private sector employers to offer their non-exempt (hourly) employees with compensatory time off from work in lieu of overtime, a benefit currently enjoyed by hourly workers in the public sector.

OSHA - Now here's a new rule that has not been rolled back.  On May 12th OSHA issued its final rule modifying the recordkeeping requirements for certain employers. The rule also imposes new notice requirements on covered employers to advise employees of their right to report workplace injuries or illness free from retaliation and provide a reporting procedure that does not "deter or discourage employees from reporting." On July 22nd DOL announced settlement of a lawsuit that claimed, in part that the employer violated the OSH Act by enforcing a policy that subjected employees to corrective action if they failed to "immediately" report a workplace accident or injury. While the lawsuit was filed before the May 12th rule was published it signals the position of the agency in handling related complaints. 

So now what?  First, engage in a proactive review of your related policies, practice and procedures.  Where opportunities still exist: ADVOCATE!  Be one and do it. Contact your Senators, Congressmen and regulatory agency representatives.  Tell your stories. Help them understand before these rules and regulations become final how they will impact your business operations.  

NOTE: Correction to last month's newsletter, which should have read, " Employers in the public sector have the ability to use volunteer workers to a much greater extent than employers in the private (for-profit) sector." Thanks to the reader who caught that and kindly let me know!