Expert Compliance Insights & Tips for Businesses

DOL Issues Instructions on Enforcing Fiduciary Rule Following Court's Vacating It

DOL Issues Instructions on Enforcing Fiduciary Rule Following Court's Vacating It

May 7, 2018
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Today, the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) concerning the fiduciary -- or conflict of interest -- rule vacated by the 5th U.S. Circuit Court of Appeals in March and becoming effective this week. The department had previously announced a grace field for enforcement dating from the implementation of the rule in June 2017 through July 1, 2019, and today's FAB ...
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House Farm Bill Contains Funds for Rural Association Health Plans

House Farm Bill Contains Funds for Rural Association Health Plans

May 7, 2018
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Tucked inside the massive House farm bill now under consideration is a measure to help fund rural association health plans to the tune of $65 million over four years, to be doled out at the secretary of Agriculture's discretion. Under the bill, starting next year, the secretary  could grant up to 10 loans of no more than $15 million each to existing associations whose members are ranchers, f...
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May 4, 2018
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OSHA Issues Direct Final Rule on Beryllium Standard

The Occupational Safety and Health Administration (OSHA) today issued a direct final rule (DFR) clarifying aspects of the beryllium standard for general industry as it applies to processes, operations, or areas where workers may be exposed to materials containing less than 0.1% beryllium by weight. The DFR clarifies the definitions of Beryllium Work Area, emergency, dermal contact, and beryl...
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National Safety Stand-Down Begins Monday

May 3, 2018
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The Occupational Safety and Health Administration (OSHA) will hold its annual National Safety Stand-Down to Prevent Falls May 7-11. The event encourages companies and workers to pause during the workday for topical discussions, safety demonstrations, and training in hazard recognition and fall prevention. Deputy Secretary of Labor Patrick Pizzella will attend a national kick-off event on May...
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April 30, 2018
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Employers in State Plans Must Submit Injury, Illness Data, OSHA Confirms

Following a review of the requirements put in place in 2016 regarding the “Improve Tracking of Workplace Injuries and Illnesses” regulation, the  Occupational Safety and Health Administration (OSHA) has taken action to correct an error that was made with regard to implementing the final rule. OSHA determined that Section 18(c)(7) of the Occupational Safety and Health Act, and relevant OSHA r...
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April 30, 2018
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I-9 Fines Increased

The Department of Homeland Security (DHS) recently announced that it would be increasing the fines for Form I-9 errors and other common violations of federal immigration law. The news of the penalty increases comes as the head of Immigration and Customs Enforcement (ICE) has pledged to quadruple worksite inspections, which includes auditing Forms I-9. This form is used to verify an employee’...
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Paid Overtime for Sleeping on the Job?

April 30, 2018
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It's an issue that California has somewhat definitively solved, but one with which the nation's courts have struggled: If your work requires you to sleep on the job, are you thereby eligible for minimum wage, if not overtime, during your non-waking hours? A case in Connecticut involving caretakers who sleep at the homes of their clients may help clarify matters. A federal lawsuit filed by th...
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Key Agency Nominations Languish in Congress

April 30, 2018
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As just one reminder of how agency nominations are slogging through Congress, this past week the Senate Health, Education, Labor and Pensions (HELP) Committee indefinitely postponed its vote on Sharon Fast Gustafson to be general counsel of the Equal Employment Opportunity Commission (EEOC). Nominated in June 2017 to be EEOC chair...

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April 27, 2018
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9th Circuit Court Declares Salary History Discriminatory Under the EPA

The U.S. 9th Circuit Court of Appeals, arguably on the other end of the spectrum from the conservative-leaning 5th Circuit Court, has ruled that setting a new hire's wages based solely on that person's salary history can perpetuate discriminatory inequality under the federal Equal Pay Act (EPA). The court, in Rizo v. Yovino, reasoned that employers should not be permitted “to capitalize on t...
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April 26, 2018
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NJ Enacts Strong Equal Pay Law

With a new sheriff in town, i.e., Gov. Phil Murphy, New Jersey was able this week to enact the nation's strictest and farthest-reaching Equal Pay Act after years of vetoes of similar legislation by former Gov. Chris Christie. The law takes effect July 1. New Jersey Statehouse At the signing of the Diane B. Allen Equal ...

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Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

DOJ Challenges EEOC's Stance on Disparate Impact Claims
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