Expert Compliance Insights & Tips for Businesses

On March 8th, 2024, a U.S. district court effectively vacated the National Labor Relations Board’s (NLRB’s) latest joint employer rule.

Federal Court Strikes Down Latest Joint Employer Rule as “Overbroad”

March 19, 2024

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On March 8th, 2024, a U.S. district court effectively vacated the National Labor Relations Board’s (NLRB’s) latest joint employer rule. The final rule was to go into effect on February 26th, 2024. However, an earlier ruling by a U.S. state court ruling pushed the effective date to March 11th, 2024. That was the second time that the effective date changed. Earlier, the NLRB made the joint employ...

U.S. District Court: Federal Corporate Transparency Act Ruled Unconstitutional

March 12, 2024

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Last week, a District Court Judge in the Northern District of Alabama issued a verdict stating that the Corporate Transparency Act (CTA) is unconstitutional. In general, the CTA became effective January 1 and was an attempt by the U.S. Congress to stop money laundering. Accordingly, the CTA would end the use of anonymous shell companies and track the flow of illicit money, protecting national s...

UPDATED: New Joint Employer Rule Delayed; State Court Pushes Effective Date

March 5, 2024

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RECENT UPDATES: For updates on the status of this rule, click here. On February 22, a Texas district court effectively delayed the effective date of the National Labor Relations Board’s (NLRB’s) 2023 joint employer rule. The final rule was to go into effect on February 26th, 2024. However, the state court ruling pushed the effective date to March 11th, 2024. This is the second time that the ...

Injunction on California Privacy Law Lifted; Employer Compliance Required

March 1, 2024

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On February 9th, 2024, the California Court of Appeals rejected a lower court injunction of a new California privacy law. Previously, the California privacy law, known as the California Privacy Rights Act (CPRA), was enjoined by a Sacramento trial court. Originally scheduled to go into effect in early 2023, the trial court pushed the CPRA’s enactment to March 29th, 2024. Subsequently, the Calif...

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

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

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

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

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

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...

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