Expert Compliance Insights & Tips for Businesses

May 15, 2018

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IRS Allows Provisional Relief for Small Business Health Insurance Tax Credit

The Internal Revenue Service has issued guidance that provides relief for certain small employers who wish to claim the Small Business Health Care Tax Credit for 2017 and later years but whose businesses reside in counties with no Obamacare small business health insurance available. The Small Business Health Care Tax Credit can benefit certain small employers who provide health coverage to ...

ICE Worksite Investigations Double

May 15, 2018

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BREAKING NEWS: According to legal watchdog group JDSupra, ICE is planning a surge in I-9 audits this summer, to wit: "And the heightened worksite enforcement efforts will increase over the summer, according to ICE's acting executive associate director for Homeland Security Investigations (HSI). In addition to this increase in worksite investigations, criminal and administrative arrests associat...

USCIS, DOJ to Jointly Police Discrimination Against American Workers

May 14, 2018

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U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice (DOJ) have announced a Memorandum of Understanding (MOU) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train e...

Unified Regulatory Agenda Reveals Trump Administration Priorities

May 14, 2018

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The Unified Agenda of Regulatory and Deregulatory Actions, released this past week, reveals a compendium of actions -- and reversals of actions -- that the Trump administration's various agencies hope to carry out in the coming months, not the least of which is a revisit to and revision of the Obama overtime rule that is currently under a nationwide injunction. Labor Secretary Alexander Acos...

May 10, 2018

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DOL to Push Overtime Rulemaking Back into 2019

In its latest regulatory agenda, the Department of Labor (DOL) confirms that its effort at creating a new overtime rule to replace the one now under a nationwide injunction is being pushed into 2019 from its original October 2018 deadline. In late November 2015, a federal district judge put a temporary hold on the Obama administration's effort to raise the overtime salary threshold to $47,47...

May 9, 2018

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NLRB to Tackle Joint Employer Rulemaking

In its latest regulatory agenda, the National Labor Relations Board (NLRB) has indicated that it intends to take on defining the standard for determining a joint employer relationship through rulemaking. This effort follows the board's failed attempt to redefine the joint employer relationship in a case -- Hy-Brand -- that it had to withdraw because of a member's conflict of interests. “Whet...

May 9, 2018

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CA Supreme Court Ruling Impacts Gig Economy

When is a worker an employee and when is a worker an independent contractor? The California Supreme Court answered with verve in saying that a worker is an employee until definitively proven otherwise. In its recent Dynamex decision, the court ruled that a worker is an employee when the following three conditions exist: The entity exercises control over the individual’s hours, wages, or...

May 8, 2018

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CMS Announces Agency's First Rural Health Strategy

Today, the Centers for Medicare & Medicaid Services (CMS) released the agency’s first Rural Health Strategy intended to provide a proactive approach on healthcare issues to ensure that the nearly one in five individuals who live in rural America have access to high quality, affordable healthcare. “For the first time, CMS is organizing and focusing our efforts to apply a rural lens to the...

Calorie Count Mandate for Chain Restaurants

May 7, 2018

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After years of delay, an Affordable Care (ACA) Act rule requiring chain restaurants to label the calories in each item on their menu -- and to provide sodium and other nutritional data on request -- goes in effect today, May 7. Though some large restaurant chains have been posting calorie counts for years, and while some states are already enforcing a similar mandate, the rule's implementat...

May 7, 2018

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CMS Draws Line in Sand on Medicaid Caps

Seema Verna, administrator of the Centers for Medicare and Medicaid Services (CMS), today rejected a request by the state of Kansas to cap an individual's Medicaid benefits at three years. CMS Administrator Seema Verna[/caption] In a letter to Kansas officials, Verna noted that only if Medicaid recipients refused to meet any wo...

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