Expert Compliance Insights & Tips for Businesses

November 17, 2016
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Death Knell Tolls for DOL Persuader Rule

A federal judge in Texas has converted his temporary injunction to a permanent one, blocking the Department of Labor (DOL) from implementing its so-called "Persuader Rule," which would have forced employers to reveal the identities and advice of those assisting them in union organization fights. Senior U.S. District Court Judge Samuel Cummings first placed an injunction on the rule in July, an...
November 17, 2016
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Slips, Trips and Falls Final Rule Finally Issued

The Occupational Safety and Health Administration (OSHA) today issued a final rule updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The rule also includes a new section under the general industry Personal Protective Equipment standards that establishes employer requirements for using personal fall protection systems. "The final rule wil...
November 16, 2016
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House Republicans Ask Obama Agencies to Cease Rulemaking

House Republicans, led by Majority Leader Kevin McCarthy (R.-Calif.), have sent letters to the heads of all federal agencies asking that they cease issuing rules during the lame-duck last two months of the Obama administration. The House members also intend to pass a bill forbidding rulemaking until the new president is sworn in. The White House said it would immediately veto the bill and anno...
November 16, 2016
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Obamacare Enrollees Not Deterred by Trump Victory and His Vow to End Program

About 53,000 more individuals than last year signed up for health insurance policies during the first 12 days of open enrollment this year, which commenced Nov. 1 and runs through Jan. 31, despite the election of Donald Trump as president and his vow to "repeal and replace" the Affordable Care Act (ACA). The Centers of Medicare and Medicaid Services (CMS) announced that for the first 12 days o...
November 15, 2016
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140 Rules the New Congress Could Overturn Instantly in January

According to the Bill Clinton-era Congressional Review Act (CRA), Congress has 60 working days to review and disapprove new regulations issued by federal agencies. Thus any rule issued by the Obama administration since June 1 will be subject to the review by the new Congress in January. Congress can then disapprove any rules it dislikes and send them to the new president for his signature. (Un...
November 14, 2016
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Revised Form I-9 Released

Citizenship and Immigration Services (USCIS) today published a revised version of Form I-9, Employment Eligibility Verification. By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, they can continue to use the version dated 03/08/2013 N or the new version. Among the changes in the new version, Section 1 asks for “other last names used” rather than “other...
November 14, 2016
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Court to Consider Overtime Rule on Wednesday

A federal district court in Texas, where a coalition of 21 states filed legal action against the Dec. 1 Obama administration overtime rule, will hold a hearing this Wednesday, Nov. 16, on the issue. If the requested injunction against the rule is denied, the court will hold a dismissal motion hearing on Nov. 28, just two days before the new rule takes effect. If an injunction is issued, it cou...
November 10, 2016
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Three Pharmaceutical Employees Given Criminal Sentences for HIPAA Violations

Three employees of Warner Chilcott, a pharmaceutical company headquartered in New Jersey, were sentenced to home confinement and levied fines, each to varying degrees, for violations of the Health Insurance Portability and Accountability Act (HIPAA) and its privacy provisions. The three district managers -- one located in California, one in North Carolina and one in New York -- were prosecuted...
November 10, 2016
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OSHA Honors Inventors in Noise Abatement Contest

Three inventors were recognized for their ideas to reduce work-related hearing loss during the first "Hear and Now -- Noise Safety Challenge" hosted by the Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA), in partnership with the National Institute for Occupational Safety and Health (NIOSH) on Oct. 27, in Washington, D.C. The challenge was l...
November 8, 2016
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Federal Judge Sides with EEOC on Gender Identity Protections Under Title VII

The Equal Employment Opportunity Commission (EEOC) announced that a federal court has denied a motion to dismiss a sex discrimination lawsuit filed by EEOC, ruling that sexual orientation discrimination is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. On March 1, EEOC filed the U.S. government's first sex discrimination lawsuit based on sexual orientatio...