Expert Compliance Insights & Tips for Businesses

As employers and managers conduct job interviews, they may not be aware of the specific types of illegal interview questions. Federal anti-discrimination laws like Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA) prevent such illegal interview questions. In addition, state and local laws prohibit discrimination based on certain protected categories. These categories can include marital status, arrest and conviction records, military discharge status, or pregnancy status. Violating state and federal laws through discriminatory screening tactics or asking illegal interview questions can be costly for businesses. Violations vary on the size of the employer and can result in fines ranging from $50,000 to $300,000 per person in an employment discrimination lawsuit.

The Department of Labor (DOL) recently announced that a restaurant owner could be fined $1.87 million for wage & hour violations, including overtime damages. Generally, on September 18th, 2024, the federal agency filed suit for minimum wage and overtime regulations. Specifically, the DOL’s Wage and Hour Division (WHD) found servers worked for tips only. Meanwhile, cooks were paid a set cash salary regardless of how many hours they worked. Previously, in August, the DOL announced that a Pennsylvania restaurant owner would be fined $1.3 million for wage & hour violations.

On September 9th, 2024, three federal agencies issued final rules on substance use disorder care and mental health benefits. The Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury hope these rules clarify and strengthen protections to expand equitable access to these benefits. Chiefly, the release of the new final rules is part of the Biden-Harris administration’s effort to ensure more than 150 million people with private health coverage have greater access to mental health and substance use disorder care. Previously, the DOL’s Employee Benefits Security Administration (EBSA) announced updated benefit plan cybersecurity guidance to protect assets.

On August 27, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a Sorrento, Florida-based company will pay $1.6 million to settle a racial harassment case. Additionally, the lawsuit also included charges of national origin harassment and retaliation. Notably, the lawsuit was brought on behalf of 17 former Black and Hispanic employees. Employers, however, must not discriminate against federally protected classes, which include race, sex, age, disability, and pregnancy status. Comparatively, the EEOC has ramped up its enforcement efforts in recent years. In August 2024, the agency announced that a staffing support firm will pay $1.25 million to settle a disability-related discrimination case.

The U.S. Department of Labor (DOL) announced that a restaurant owner would be fined $1.3 million for wage & hour violations. Specifically, on August 22nd, 2024, the federal agency obtained a consent judgment for back wages, withheld tips, and liquidated damages. Entered in the District Court for the Middle District of Pennsylvania, the judgment follows a Wage and Hour Division (WHD) investigation. The DOL’s Office of the Solicitor also litigated the case. Generally, both departments found several violations of federal wage regulations by the restaurant and its owner. Previously, in July, the DOL announced a $12 million settlement regarding corporate-wide workplace safety compliance.

On August 20, the U.S. District Court for the Northern District of Texas (Court) struck down the Federal Trade Commission’s (FTC) noncompete agreements ban. This stay affects employers nationwide and eliminates the original rule’s effective date of September 4th, 2024. Recently, the Federal Trade Commission (FTC) issued a final rule banning noncompete agreements in most aspects of employment.

On August 14th, 2024, the National Integrated Heat Health Information System (NIHHIS) released a National Heat Strategy for 2024-2030. In general, the strategy promotes proactive coordination related to heat planning, response, and resilience. Recently, two federal agencies announced resources on how individuals can avoid heat-related illness. Specifically, the U.S. Department of Health and Human Services (HHS) and FEMA are monitoring the risk of extreme heat.

On July 22nd, 2024, the Department of Labor (DOL) announced a $4.2 million conciliation agreement over gender wage discrimination allegations. Specifically, the DOL’s Office of Federal Contract Compliance Programs (OFCCP) and a federal financial services provider were...

On July 16th, 2024, the U.S. Department of Labor (DOL) announced that it obtained a consent judgment involving whistleblower law. Specifically, the ruling came from the U.S. District Court for the Western District of Washington in Tacoma. Significantly, the judgment...