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DOL rule provides for secretary oversight of ARB rulings

May 2020 employment law letter
Authors: 
the editors of Federal Employment Law Insider

The U.S. Department of Labor (DOL) published a final rule giving the secretary of labor the authority to review, modify, and overturn decisions of the Administrative Review Board (ARB). The ARB makes administrative rulings on matters involving federal contract pay discrimination, wage and hour violations, and whistleblower cases, among others. This controversial position generated a small storm of opposition, but the DOL concluded "that none of the comments required refraining to make the revisions." The ARB was established in 1996 to act on behalf of the secretary, who, in the past, had discretion to rule in these matters.

Secretary Scalia to be added to COVID-19 Task Force

Secretary of Labor Eugene Scalia is being added to the White House COVID-19 Task Force. Although he was not previously on the official task force, he has been working with the task force on areas under his supervision, such as occupational safety, paid leave, and unemployment insurance.

OSHA requires employers to decide if COVID-19 work-related

The Occupational Safety and Health Administration (OSHA) has issued two revised enforcement policies in response to public concern over the risk of returning to work. First, the agency is increasing in-person inspections at all types of workplaces. The new enforcement guidance reflects changing circumstances in which many noncritical businesses have begun to reopen in areas of lower community spread. Second, OSHA is revising its previous enforcement policy for recording coronavirus cases.

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