Administrative Agency Developments: February 2017

by Practical Law Labor & Employment

Department of Homeland Security (DHS)

February 24, 2017: USCIS announced that on February 16, 2017, it began reissuing receipt notices (Form I-797) to individuals who applied to renew their Employment Authorization Document between July 21, 2016 and January 16, 2017, and whose applications remain pending in certain categories.
February 6, 2017: USCIS released an updated Form I-912P, 2017 HHS Poverty Guidelines for Fee Waiver Request.
January 30, 2017: USCIS's Verification Division issued a Fact Sheet regarding the final rule issued on January 17, 2017 that automatically extended the validity periods for Employment Authorization Documents (EADs) for up to 180 days for certain immigrant classifications.
January 22, 2017: USCIS published a table of changes for the updated M-274, Handbook for Employers: Guidance for Completing Form I-9.

January 31, 2017: The OFCCP announced that the voluntary self-identification form for individuals with disabilities has been renewed through January 31, 2020.

February 23, 2017: OSHA announced that it renewed its partnership with Allied Construction Industries (ACI) to protect Ohio construction industry workers through increased training, daily safety meetings, and safety orientations to increase workers' knowledge of hazards, required safety procedures, protective measures, and equipment. The partnership was first signed in 2000.

February 10, 2017: The EEOC delayed the effective date of a final rule, "Affirmative Action for Individuals With Disabilities in Federal Employment," that was published in the Federal Register on January 3, 2017. The rule will take effect on March 21, 2017 instead of March 6, 2017. The delay is based on the presidential directive in the Memorandum for the Heads of Executive Departments and Agencies from the Assistant to the President and Chief of Staff, "Regulatory Freeze Pending Review," dated January 20, 2017.

February 24, 2017: The NLRB issued a final rule amending its procedural rules and regulations to reflect modern technology, make subject matter easier to find, incorporate current practices not included in the published rules, update and streamline procedural provisions of the FOIA regulations, and clarify document filing and service.
February 14, 2017: The NLRB's Office of the General Counsel issued a memorandum on case processing guidelines for cases filed since the Board's August 2016 decision in Total Security Management involving allegations that an employer violated Section 8(a)(5) and (1) of the Act by unilaterally imposing discipline on employees without prior notice to or bargaining with unions (see 364 N.L.R.B. No. 106 (Aug. 26, 2016); Legal Update, Unionized Employers Must Bargain About Individual Discipline In Absence of a Negotiated Grievance Process: NLRB).
January 31, 2017: The NLRB's Office of the General Counsel issued General Counsel Memorandum 17-01 summarizing NLRB decisions regarding employee status under the NLRA in the university setting and explaining its approach for applying these representational decisions in the unfair labor practice (ULP) context. UPDATE: The General Counsel rescinded this memorandum (NLRB Gen. Counsel Mem. 18-02, Mandatory Submissions to Advice, (Dec. 1, 2017)).

February 26, 2017: The OSC released a September 12, 2016 Technical Assistance Letter addressing whether running E-Verify cases on current employees pursuant to state law violates the INA's anti-discrimination provisions.

For additional labor and employment developments, see Labor & Employment: Updates.