The Equal Employment Opportunity Commission (EEOC) has released an updated Know Your Rights poster that employers need to post and make available to employees. The Department of Labor (DOL) has extended the comment period for the proposed independent contractor rule until December 13^th. The Internal Revenue Service (IRS) has released various benefit plan contributions limits for 2023, the National Labor Relations Board has issued a proposed rule concerning fair choice and employee voice, and the Department of Homeland Security has notified employers that they should continue using the current I-9 form despite its expiration date of October 31, 2022.  

EEOC Releases Updated Know Your Rights Poster – The Equal Employment Opportunity Commission (EEOC) has released an updated Know Your Rights poster. The updated poster replaces the EEO Is the Law poster. The poster includes information about discrimination based on race, color, sex, national origin, religion, age, disability, genetic information, and retaliation. According to the EEOC, the new poster, which is available currently in English and Spanish, with more languages anticipated in the future, includes these changes: 

• Uses straightforward language and formatting.  
• Notes that harassment is a prohibited form of discrimination. 
• Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.
• Adds a QR code for fast digital access to the how to file a charge webpage.
• Provides information about equal pay discrimination for federal contractors.

In conjunction with the EEOC, the US Department of Labor’s Office of Federal Contract Compliance (OFCCP) announced the release of the new Know Your Rights poster. Federal contractors have to use the “Know Your Rights” poster. Federal contractors are still required to post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals. These documents advise applicants and employees of federal contractors of their rights that are protected by the OFCCP. Everyone needs to have a way to access the poster either electronically or physically.

DOL Extends Independent Contractor Comment Period – The US Department of Labor (DOL) announced that the comment period on its proposed independent contractor rule has been extended until December 13, 2022. Comments were due initially on November 28, 2022. When it published the proposed rule, DOL advised that it was designed to help employers classify workers and to address misclassification that occurs when workers are considered independent contractors rather than employees under the Fair Labor Standards Act (FLSA). 

IRS Announces 2023 Benefit Plan Contribution Limits – The Internal Revenue Service (IRS) has announced the 2023 benefit plan contribution limits. The elective deferral limit for 401(k), 403(b), and 457 plans will increase to $22,500, a $2,000 increase from 2022. The catch-up contribution limit for those employees age 50 and over will jump by $1,000 to $7,500. The defined contribution plan annual contribution limit will be $66,000 as compared to $61,000 during 2022.

In 2023, the monthly limitation for the qualified transportation fringe benefit and the monthly limitation for qualified parking increases to $300, up $20 from the 2022 maximum. The  limitation for employee salary reductions for contributions to health flexible spending arrangements (FSA) increases to $3,050, up from $2,850. For cafeteria plans that permit the carryover of unused amounts, the maximum carryover amount is $610, an increase of $40 from 2022. Health savings account (HSA) contribution limits will be $3,850 for self-only coverage (increase of $200) and $7,750 for family coverage (increase of $450).

NLRB Issues Fair Choice and Employee Voice Proposed Rule – The National Labor Relations Board (NLRB) has issued a proposed rule concerning election-blocking charges and voluntary recognition of unions. The proposed rule would rescind a rule adopted by the NLRB on April 1, 2020. Comments are due by January 3, 2023.

According to the NLRB, the rule that is now in effect allows representation elections to proceed despite pending unfair labor practice charges alleging coercive conduct that would interfere with employee free choice and potentially require the election to be re-run. The NLRB stated that the proposed rule would allow a Regional Director to delay a union election if “the conduct alleged threatens to interfere with employee free choice.” The NLRB believes that this would avoid conducting elections that might have to be re-run.

The NLRB also noted that the rule in effect allows challenges to the representative status of a union that has been voluntarily recognized before there has been a reasonable period for collective bargaining. The NLRB declared that “preventing challenges to the status of a newly recognized union until a reasonable period for collective bargaining has passed…better serves the policies of the National Labor Relations Act by vindicating employee free choice, encouraging collective bargaining, and preserving labor relations stability.”

Employers Should Continue Using the I-9 – The Department of Homeland Security (DHS) announced that employers should continue using the Form I-9, Employment Eligibility Verification after its expiration date of October 31, 2022. DHS advised that it publish a notice in the Federal Register once the new version of the Form I-9 is available.

Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Reichenberg at neilreichenberg@yahoo.com.