advocacy

Weekly Legislative Update
February 28, 2022

FY 2022 Funding Still on Hold

On February 18, President Biden signed another short-term government spending bill into law before the shutdown deadline.

The new deadline for a final omnibus appropriations bill to be approved by Congress is March 11.

TIA has been calling for Congress to fully fund the Infrastructure Investment and Jobs Act (IIJA) for FY 2022.

Until Congress passes full-year appropriations for FY 2022, we are still operating with FY 2021 appropriations levels.

That means the roughly 20 percent increase for highway programs is on hold.

TIA supported efforts led by Reps. Seth Moulton (D-MA) and John Katko (R-NY) who sent a letter signed by 55 House members to Congressional leadership urging swift action on fully funding the IIJA.

TIA continues to urge Congress to fully fund the IIJA.


All Employers Are Required to Display Federal and State Postings

All employers are required to post certain federal and state postings.

On a federal level, if an employer has less than 50 employees, they are required to post 5 notices: Fair Labor Standards Act; Employee Polygraph Protection Act; Equal Employment Opportunity; Uniformed Services Employment and Reemployment Rights Act; and Occupational Safety and Health Administration.

If an employer has 50 or more employees, federal law requires that they also post a notice related to the Family and Medical Leave Act.

Each state has varying requirements on what notices must be posted.

Please contact us with any questions.


Congress Passes Ban on Mandatory Arbitration of Sexual Harassment and Assault Claims

  • The U.S. House of Representatives and Senate have passed legislation that will invalidate and render unenforceable mandatory arbitration clauses in cases “relating to sexual harassment disputes or sexual assault disputes.” The legislation is now only an expected President Biden signature away from becoming law.
  • Assuming its enactment, the legislation will apply to “any dispute or claim that arises or accrues on or after the date of enactment,” meaning it will not retroactively apply to ongoing arbitrations but will take immediate effect going forward.
  • To invoke the protections of the bill and nullify a mandatory arbitration provision as to the entire case, employers with mandatory arbitration provisions may start to see claims of sexual harassment or sexual assault inserted into cases primarily concerning other protected categories or activities.
  • While the legislation does not go so far as to invalidate a mandatory arbitration clause in any context just because it is written broadly enough to encompass a sexual assault dispute or sexual harassment dispute, employers should still review their mandatory arbitration agreements and consider revising them to carve out claims of sexual assault and sexual harassment.