Expert Compliance Insights & Tips for Businesses

July 13, 2016

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'Black Swan' Unpaid Interns Case Drawing to a Close, or Not?

The Department of Labor (DOL) has long been cracking down on the use of unpaid interns to do the work of employees, and the most famous case alleging such abuse -- the interns on the movie "Black Swan" who filed a lawsuit for back pay -- may be drawing to a close. Or maybe not. 20th Century Fox, after losing the lawsuit in court and then winning it on appeal, is proposing a settlement that wou...

July 12, 2016

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Another Texas Lawsuit Filed: This One Against OSHA Electronic Reporting

Federal courts in Texas have already been the scene of lawsuits against Obama administration initiatives regarding immigration, the "Persuader Rule" and transgender bathrooms, and now another group is seeking an injunction against the Occupational Safety and Health Administration (OSHA) standard that mandates electronic reporting of injuries and illnesses beginning in 2017. The rule requires e...

July 7, 2016

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States Sue to Block Administration's Transgender Bathroom and Other LGBT Directives

More than a dozen states on Wednesday asked a federal judge in Texas to block initiatives by the Obama administration designed to protect the rights of transgender individuals to use the bathroom of their choice, among other LGBT anti-discrimination provisions. The move came one day after the administration sued in North Carolina to block that state's "bathroom bill" that was designed to thwart...

July 6, 2016

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HHS Redoubles Effort to Fight Opioid Abuse

Health and Human Services (HHS) Secretary Sylvia M. Burwell today announced several new actions the department is taking to combat the nation’s opioid epidemic. The actions include expanding access to buprenorphine, a medication to treat opioid use disorder; a proposal to eliminate any potential financial incentive for doctors to prescribe opioids based on patient experience survey questions; ...

July 5, 2016

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First-Ever Business Associate Fine for a HIPAA Violation

Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule after the theft of a CHCS mobile device compromised the protected health information (PHI) of hundreds of nursing home residents, according to the Office for Civil Rights (OCR), which enforces t...

July 2, 2016

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Puerto Rico Escapes New Overtime Rule Mandate

Puerto Rico, a U.S. Territory that generally hews to this nation's labor laws, will evade the new overtime exemptions final rule as it scrapes its way out of near financial ruin, having missed its constitutionally mandated sovereign bond payment on July 1. The rule sets the salary threshold for overtime exemption at $47,476 a year. It currently stands at $23,660 a year. Congress, however, has...

July 1, 2016

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Federal Civil Fines for Compliance, Safety Violations Set to Rise

In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act to advance the effectiveness of civil monetary penalties and to maintain their deterrent effect. The new law directs agencies to adjust their penalties for inflation each year using a much more straightforward method than previously available, and requires agencies to publish “catch up” rules this sum...

June 29, 2016

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EEOC Wins Landmark Sexual Orientation Discrimination Settlement

The Equal Employment Opportunity Commission (EEOC) announced that Pallet Companies, doing business as IFCO Systems, will pay $202,200 and provide significant equitable relief to settle one of EEOC's first lawsuits alleging sex discrimination based on sexual orientation. EEOC charged that a lesbian employee at IFCO's Baltimore facility was repeatedly harassed by her supervisor because of her s...

June 28, 2016

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Federal Judge Issues Injunction Against 'Persuader Rule'

U.S. District Judge Sam R. Cummings on Monday issued a preliminary nationwide injunction against the so-called "Persuader Rule" that would force businesses during union organizing activities to reveal minute details of their preparations, specifically the sources of the information and the tactics used in their effort to "persuade" their employees not to unionize. The so-called "Persuader Rule...

June 27, 2016

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SCOTUS Refuses Case that Could Overturn Home Care Worker Rule

The Supreme Court has passed on an opportunity to review the Department of Labor (DOL) and its reinterpretation of "companionship services," which brought minimum wage and overtime benefits to home care workers employed through staffing agencies. In 2015, the DOL issued a final rule "to better reflect Congressional intent" that stripped home care agencies from relying on the DOL's 1975 interpr...

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DOJ Challenges EEOC's Stance on Disparate Impact Claims

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EEOC Issues New National Enforcement Plan Through 2029

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