Federal Register Website Implements Access Restrictions, Potentially Complicating HR Compliance Research

The website for the Federal Register (FederalRegister.gov) has implemented technical security measures that may block users from viewing its content. The system is designed to limit what the site administrators call "aggressive automated scraping." However, these measures can also flag and block human users, presenting them with a notice that their request has been flagged as "potentially automated" and requiring them to complete a challenge to request access.

This technical change may affect any individual or organization that relies on direct access to the Federal Register for timely and accurate information. This includes employers, human resources departments, compliance officers, legal counsel, and third-party service providers who monitor regulatory developments.

Not specified in the available notice.

HR and compliance professionals depend on the Federal Register for the definitive text of new regulations, proposed rules, and official notices from federal agencies that govern the workplace. Timely access is critical for understanding new obligations related to wages, workplace safety, anti-discrimination, and background screening. These new access hurdles could delay or impede the ability to review primary source documents, forcing a reliance on secondary analysis which may be slower or less precise. An inability to quickly verify the exact language of a new rule complicates risk assessment and the implementation of necessary policy changes, potentially leaving an organization vulnerable to non-compliance.

Employers and their compliance teams should be aware that direct links to Federal Register documents, including those in alerts and articles, may not always resolve correctly. If access is blocked, users may need to try alternative methods, such as using a different browser, clearing their cache, or attempting access at a later time. Organizations should confirm they have a reliable process for monitoring regulatory updates that is not solely dependent on uninterrupted, direct access to the Federal Register website. For complex or critical updates, employers should consider discussing the implications with qualified employment counsel.

While the government's effort to protect the integrity of its web infrastructure is understandable, these access restrictions can create unintended consequences for the regulated community. The public, including employers, has a right to easily access the laws and regulations that govern them. This development underscores the value of dedicated compliance partners who can navigate such technical hurdles to ensure the continuous, accurate, and timely analysis of regulatory changes that impact hiring and employment.