Expert Compliance Insights & Tips for Businesses

The Challenge of Multi-Location Labor Law Compliance

The Challenge of Multi-Location Labor Law Compliance

February 27, 2024
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In recent years, claims and lawsuits involving multi-location labor law compliance have become increasingly prevalent. For example, the Equal Employment Opportunity Commission (EEOC) announced that claimants filed 73,485 discrimination charges in Fiscal Year 2022. This was an increase of nearly 20% from Fiscal Year 2021. Consequently, in many situations, the courts rule against the employer. In...
DOL: Employee Benefits Security Administration Recovered Over $1.4B in FY 2023

DOL: Employee Benefits Security Administration Recovered Over $1.4B in FY 2023

February 21, 2024
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Earlier this month, the Department of Labor (DOL) announced that Employee Benefits Security Administration (EBSA) investigators, in the enforcement of the Employee Retirement Income Security Act of 1974 (ERISA), recovered $1.435 billion for ERISA complaints and other benefits violations in fiscal year (FY) 2023. Markedly, the funds were direct payments to plans, participants, and beneficiaries....
Reminder: Deadline to Use Updated Fair Credit Reporting Act Summary Approaches

Reminder: Deadline to Use Updated Fair Credit Reporting Act Summary Approaches

February 13, 2024
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In March 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of a required notice under the Fair Credit Reporting Act (FCRA). Employers must give this notice, “A Summary of Your Rights Under the Fair Credit Reporting Act” (Summary), to job applicants and certain employees after credit and background checks. For the most part, companies should provide the Summary w...
EEOC Launches Initiative for Vulnerable Workers

EEOC Launches Initiative for Vulnerable Workers

February 6, 2024
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On January 29th, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) launched what is known as the REACH initiative (Initiative). Specifically, the agency named the new program “Enhancing OutREACH to Vulnerable Workers and Underserved Communities.” In summary, the REACH initiative is a multi-year effort that focuses on ensuring that the EEOC’s outreach and education efforts effectivel...
DOL Recovers $900K for Overtime Violations

DOL Recovers $900K for Overtime Violations

January 30, 2024
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The Department of Labor (DOL) recently announced recovering $901,625 in back wages and liquidated damages for workers denied overtime pay. Specifically, the January 24 release states that a Florida grocery store employer wrongly exempted 75 workers from overtime pay. Markedly, wage and hour standards under the Fair Labor Standards Act (FLSA) include a federal minimum wage, mandatory overtime pa...
IRS Releases Guidance on Reporting Digital Asset Transactions

IRS Releases Guidance on Reporting Digital Asset Transactions

January 23, 2024
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On January 16th, 2024, the Treasury Department and Internal Revenue Service (IRS) released information regarding digital asset transactions for employers. In summary, the IRS released Announcement 2024-4, informing businesses about updates to the reporting of digital asset transactions. Explicitly, employers will not need to report the receipt of digital assets like they must report the receipt...
Final Rule Targets Worker Misclassification

Final Rule Targets Worker Misclassification

January 18, 2024
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On January 9th, 2024, the U.S. Department of Labor (DOL) announced a final rule for worker misclassification prevention. In summary, the rule will help employers and workers better understand employee classifications. This includes when a worker qualifies as an employee or an independent contractor under the Fair Labor Standards Act (FLSA). Previously, in July 2023, the DOL’s Wage and Hour Divi...
DOL Releases Annual Civil Monetary Penalty Adjustments, Effective 1/15/2024

DOL Releases Annual Civil Monetary Penalty Adjustments, Effective 1/15/2024

January 16, 2024
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On January 11th, 2024, the U.S. Department of Labor (DOL) made civil monetary penalty adjustments for 2024. In brief, these penalties are assessed annually and enforced by the DOL. Altogether, the adjustments are pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The final rule was effective January 15th, 2024. Earlier, the DOL ...
New Year Brings New Labor Law Obligations to Employers in 2024

New Year Brings New Labor Law Obligations to Employers in 2024

January 9, 2024
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Historically, new laws and minimum wages take effect every January, bringing new labor law obligations for employers. Even if the federal government fails to pass new or amend existing laws, state legislatures pass their own. In summary, this creates a patchwork of state and local laws that can impact two locations of a company differently. During 2023, the government passed laws ranging from w...
NLRB Issues New Standard to Assess the Lawfulness of Work Rules

NLRB Issues New Standard to Assess the Lawfulness of Work Rules

December 19, 2023
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Recently, the National Labor Relations Board (NLRB) adopted a new standard for evaluating the legality of employer work rules. Specifically, the standard addresses any work rules claimed to be facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA). The NLRB’s decision overruled the earlier Boeing Co. (2017), which the Board later refined in LA Specialty Produce Co. (...