NEWSLINE

DOL Establishes Hotline and Issues FAQs Related to Executive Order on Combating Race and Sex Stereotyping

On Sept. 28, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued a press release stating it launched a hotline and email address to receive and investigate complaints under existing Executive Order 11246 as well as Executive Order 13950, Combating Race and Sex Stereotyping, issued on Sept. 22 by President Trump.

The order states, “It shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the federal workforce or in the uniformed services, and not to allow grant funds to be used for these purposes. In addition, federal contractors will not be permitted The U.S. Department of Labor’s Occupational Safety and Health Administration issued new frequently asked questions and answers regarding the need to report employees’ in-patient hospitalizations and fatalities resulting from work-related cases of the coronavirus. The FAQs help employers apply the agency’s existing injury and illness recording and reporting requirements to COVID-19. to inculcate such views in their employees.”

The order enables employees to file complaints alleging that a federal contractor is “utilizing training programs in violation of the contractor’s obligations under those orders.” Learn more in the DOL press release.

In addition, on Oct. 7, the OFCCP issued FAQs related to Executive Order 13950. ABC general counsel Littler Mendelson P.C. wrote an analysis of the OFCCP FAQs, stating, “The new FAQs offer limited additional guidance to federal contractors. As a practical matter,

FAQs on Reporting:

• How do I report the fatality or in-patient hospitalization of an employee with a confirmed, work-related case of COVID-19? • An employee has been hospitalized with a work-related, confirmed case of COVID-19. Do I need to report this in-patient hospitalization to OSHA? • An employee has died of a work-related, confirmed case of

COVID-19. Do I need to report this fatality to OSHA? federal contractors that provide diversity and inclusion training to their employees—either internally or by use of outside vendors—should consider reviewing their materials and training to ensure that they do not inadvertently violate the order. For many, their training may already be compliant.” To learn more, read the Littler analysis.

The new OFCCP Complaint Hotline to Combat Race and Sex Stereotyping can be reached at (202) 343-2008 or via email at

OSHA Issues New FAQs on Injury and Illness Reporting Requirements Related to COVID-19

OFCCPComplaintHotline@dol.gov. For information on recording cases of COVID-19, see OSHA’s revised enforcement guidance. ABC's general counsel, Littler Mendelson P.C., also published an analysis on new FAQ's on the Littler website. Visit OSHA’s coronavirus webpage for updates. https://www.osha.gov/SLTC/covid-19/

House Republicans Introduce the BUILDER Act to Modernize NEPA

On Sept. 22, U.S. Rep. Garrett Graves (R-La.) introduced H.R. 8333, the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act. The legislation would codify much of the Council on Environmental Quality’s National Environmental Policy Act rulemaking, which ABC supports. Developed with input from the House Transportation and Infrastructure, Energy and Commerce and Judiciary committees, the bill includes important provisions to create a more efficient NEPA review process and clarifies which projects require NEPA review. This will promote better agency coordination and set reasonable time limits for preparing environmental documents. On Sept. 8, a U.S. District Court for the Southern District of New York judge ruled that parts of the U.S. Department of Labor’s joint employer final rule, which was issued on Jan. 16, 2020, are illegal. Associated Builders and Contractors had applauded the 2020 joint employer final rule, which promised to make the joint employment test more narrow and focused when it went into effect on March 16. “The Trump administration’s joint employer regulation promised to bring additional clarity to a confusing area of the law, help alleviate unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry, reduce needless litigation and encourage innovation in the economy,” said Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “We are disappointed that the Following the release of the BUILDER Act, ABC Vice President of Legislative & Political Affairs Kristen Swearingen issued the following statement: “ABC applauds congressional leaders for introducing this legislation, which will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Construction businesses recovering from the ongoing health and economic crisis caused by COVID-19 will surely benefit from these modifications, which will help reduce costs and speed up project approvals so that hardworking U.S. workers can get back on the job quickly and safely. Obama-appointed judge misapplied precedent in failing to defer to the DOL’s guidance and refusing to uphold the new rule in its entirety. We believe the judge got it wrong on both procedural and substantive grounds, strongly suggesting the need for an appeal.” The court struck down the rule as it applies to “vertical” employment, which occurs when an employee works for one company but may be economically dependent on or controlled by another company. The decision does not affect “horizontal” employment, which occurs when the employee has employment relationships with two or more employers and the employers are sufficiently associated. “Unfortunately, vertical joint employment, which occurs when an employee works for one company but may be economically dependent on or controlled by another company "The coordinated, predictable and transparent process to streamline permitting will also enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.” ABC is a member of the Unlock American Investment Coalition, which focuses on modernizing NEPA and unlocking American investment in modern, efficient infrastructure, creating middle-class sustaining jobs while advancing good environmental stewardship. To learn more, see the coalition’s fact sheet

Federal Court Strikes Down Key Parts of ABC-supported 2020 Joint Employer Rule

on modernizing NEPA. (staffing, contracting, franchising, etc.) is the type of relationship that caused so much confusion under the previous rule,” said Brubeck. In February, 18 blue states sued DOL in federal court to strike down its final rule updating and clarifying its interpretation of joint employment, officially titled Joint Employer Status Under the Fair Labor Standards Act. A business coalition that includes ABC intervened in the case, in part to defend the construction industry against unwarranted attacks on the industry’s long-established methods of doing business by the state plaintiffs. ABC’s general counsel, Littler Mendelson P.C., handled the intervention filings. Read ABC’s comments in support of DOL’s 2020 joint employer proposed rule.