The Washington Report
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July 20, 2022
Note to Subscribers
While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.
Health
IRS Releases Draft 2022 Forms 1094-C and 1095-C
On July 12, 2022, the Internal Revenue Service (IRS) released text of Draft 2022 IRS Form 1094-C: Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns and Draft 2022 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage. This information is in draft form and is not meant to be used for filing purposes. Please refer to the IRS documents for additional information.
The Draft 2022 IRS Form 1094-C: Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns is available here.
The Draft 2022 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage is available here.
Other HR/Employment
DOL Releases NPRM Providing Workers on Federal Service Contracts Right of First Refusal of Employment
On July 14, 2022, the Department of Labor (DOL) announced publication of a Notice of Proposed Rulemaking (NPRM) to propose regulations to implement Executive Order (EO) 14055, “Nondisplacement of Qualified Workers Under Service Contracts.” President Biden signed EO 14055 on November 18, 2021. The order requires federal contractors and subcontractors on a covered successor contract to offer jobs to qualified employees employed under the predecessor contract. The NPRM proposes standards and procedures for implementing and enforcing the nondisplacement protections of EO 14055.
Specifically, the NPRM proposes to do the following:
Establish standards and procedures for implementing and enforcing EO 14055.
Specify contracting agency and contractor obligations, respectively, under the EO.
Establish an investigation process that protects workers from displacement and is familiar to federal contractors.
Identify sanctions and remedies that may be imposed by the DOL under the EO.
Comments on the proposed rule are due by August 15, 2022.
The news release is available here.
The NPRM is available here.
EO 14055 is available here.
WHD Announces Webinar and New Resources: Rehabilitation Act Section 511 and FLSA Section 14(c)
On July 13, 2022, the DOL’s Wage and Hour Division (WHD) announced it is offering a webinar in conjunction with the Department of Education for employers, workers, families, and advocates interested in understanding the application of Rehabilitation Act Section 511 and the protections it offers workers employed under Section 14(c) of the Fair Labor Standards Act (FLSA).
The WHD reminded the public of the June 16, 2022, Field Assistance Bulletin (FAB 2022-4), and that the agency recently published three Fact Sheets providing new guidance and clarification on these critical protections:
Fact Sheet #39H: Limitations on the Payment of Subminimum Wages under Rehabilitation Act Section 511;
Fact Sheet #39H(a): Pre-Employment Requirements for Youth with Disabilities under Rehabilitation Act Section 511; and
Fact Sheet #39H(b): Limitations on the Payment of Subminimum Wages for All Employees under Rehabilitation Act Section 511.
The Navigating Section 511: A Webinar with the Department of Labor and Department of Education webinar information is available here.
The June 16, 2022, FAB 2022-4 is available here.
Fact Sheet #39H: Limitations on the Payment of Subminimum Wages under Rehabilitation Act Section 511 is available here.
Fact Sheet #39H(a): Pre-Employment Requirements for Youth with Disabilities under Rehabilitation Act Section 511 is available here.
Fact Sheet #39H(b): Limitations on the Payment of Subminimum Wages for All Employees under Rehabilitation Act Section 511 is available here.
EEOC Updates COVID-19 Technical Assistance; Addresses Workplace Necessity of Testing
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated a number of questions and answers on its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws guidance page. Technical assistance questions and answers were updated in the following subject areas:
A. Disability-Related Inquiries and Medical Exams
C. Hiring and Onboarding
D. Disability and Reasonable Accommodation
G. Return to the Workplace
H. Age
K. Vaccinations — Overview, ADA, Title VII, and GINA
The EEOC specifically mentioned that “including A.6. EEOC’s assessment at the outset of the pandemic was that the ADA standard for conducting medical examinations was, at that time, always met for employers to conduct worksite COVID-19 viral screening testing. With the revision of A.6, the EEOC makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees to prevent workplace transmission of COVID-19. A.6. offers employers possible factors to consider in making this assessment, including community transmission levels and types of contacts between employees and others in the workplace. This change is not meant to suggest that such testing is or is not warranted; rather, the revised Q&A acknowledges that evolving pandemic circumstances will require an individualized assessment by employers to determine whether such testing is warranted consistent with the requirements of the ADA.”
Please refer to the guidance for details and specifics regarding all the newly released question and answers.
The updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, is available here.
Aon Publications
HHS Renews Public Health Emergency Declaration . . . Again
On July 15, 2022, Secretary of Health and Human Services (HHS) Xavier Becerra once again renewed the public health emergency (PHE) declaration, extending the PHE for another 90 days, effective July 15, 2022, although the Secretary has the right to terminate the declaration prior to its expiration date.
The Aon bulletin is available here.