The labor and employment law changes from the Obama Administration are coming so quickly, we are introducing The Transition Report, a daily, or near-daily, update on the changes. On many of these topics, we will follow up with more in-depth coverage.
Here are today's and Friday's developments from the Obama Administration in the areas of labor and employment law:
*Stop using the new I-9 form! Today, on the day that the new I-9 form was to be used, the Administration issued a notice that it was suspending use of the new form until April 3, 2009. The Administration is going to review whether the new form should be used as part of its general reassessment of all regulations issued by the Bush Administration that have not yet taken effect. Reports that employers who continue to use the new form will face fines are probably exaggerated, but the prudent course now appears to be to use the old forms until further notice.
*New Executive Orders. The Administration issued on Friday three new Executive Orders pertaining to labor and employment matters. We sent a Constangy FYI on one of these on Friday afternoon, and there will be more to come, so stay tuned!
*Where'd it go? A Bush Administration study on pay equity has been removed from the website of the Office of Federal Contract Compliance Programs. The study explained that sex-based disparities in pay were not always a result of discrimination but were often the result of lifestyle choices and other non-discriminatory factors. In signing the Lilly Ledbetter Fair Pay Act last week, President Obama cited the dubious statistic that women earn 78 cents for each dollar earned by men. The "78-cent statistic" is based solely on a comparison of female pay with "male" pay and does not control for education, job classification, geography, career choices, career interruptions, or work-life balance choices. On January 26, the U.S. Chamber of Commerce made a request under the Freedom of Information Act for the posting and any documentation related to the posting.
*Working Families Task Force. On Friday, the President announced the creation of a White House task force on working families that is designed to improve the standard of living of middle-class families. The President said that the task force will make recommendations on policy changes that will "create jobs that pay well and provide a chance to save, to create jobs in growing fields and train workers to fill them, to ensure that workplaces are safe and fair as well as flexible for employees juggling the demands of work and family."
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