Administrative Agency Developments: December 2019

by Practical Law Labor & Employment

Department of Homeland Security (DHS)

December 26, 2019: US Customs and Border Protection (CBP) issued a notice announcing that, effective immediately, it is designating an approved Native American tribal card issued by the Swinomish Indian Tribal Community to US citizens as an acceptable travel document for Western Hemisphere Travel Initiative purposes. The approved card may be used to signify the identity and citizenship of Swinomish Indian Tribal Community members entering the US from contiguous territory or adjacent islands at land and sea ports of entry.
December 9, 2019: CBP issued a notice announcing that, effective immediately, it is designating an approved Native American tribal card issued by the Puyallup Tribe of Indians to US and Canadian citizens as an acceptable travel document for Western Hemisphere Travel Initiative purposes. The approved card may be used to signify the identity and citizenship of Puyallup Tribe of Indians members entering the US from contiguous territory or adjacent islands at land and sea ports of entry.

January 6, 2020: The ETA issued a Final Rule to give States increased flexibility in their administration of Employment Service activities funded under the Wagner-Peyser Act. This Final Rule becomes effective February 5, 2020.
December 19, 2019: The ETA issued a notice to announce the 2020 Adverse Effect Wage Rate (AEWR) of $1,682.33 for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform herding or production of livestock on the range. The rate is effective January 1, 2020.
December 19, 2019: The ETA issued a notice to announce the 2020 Adverse Effect Wage Rate (AEWR) of $1,682.33 for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services other than herding or production of livestock on the range. The rate is effective January 2, 2020.

December 30, 2019: OFCCP published a Notice of Proposed Rulemaking proposing to codify procedures that the agency currently uses to resolve potential discrimination and other material violations of these laws by federal contractors and subcontractors; add clarifying definitions to specify the types of evidence OFCCP will use to support its discrimination findings; and, correct the title of OFCCP’s agency head. Comments must be received on or before January 29, 2020.

December 17, 2019: OSHA issued a final rule concerning corrections to the Walking-Working Surfaces, Personal Protective Equipment, and Special Industries standards, effective immediately. The corrections concern ladders, stairways, scaffolding, fall protection systems, and electric power generation, transmission, and distribution.

December 17, 2019: The EEOC announced that, based on US Supreme Court precedent, it has rescinded Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment, its 1997 policy statement that had objected to mandatory arbitration agreements in the workplace.

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