Expert Compliance Insights & Tips for Businesses

February 15, 2016
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DOL Launches West Coast Restaurant Sweep to Enforce Wage and Hour Laws

The Wage and Hour Division (WHD) of the Department of Labor (DOL) has launched an education and enforcement initiative on the West Coast and in surrounding areas aimed at ensuring workers at fast food establishments are being paid the proper minimum wage and overtime. Investigations completed in the last five quarters nationwide have resulted in fast food employers paying more than $6.7 millio...
February 15, 2016
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OSHA to Seek Input on Chemical Hazards for Warning and Labeling Purposes

As part of its efforts to protect workers from the hazards of chemicals, the Occupational Safety and Health Administration (OSHA) plans to issue new guidance on how to apply the Weight of Evidence approach when dealing with complex scientific studies. On February 16, OSHA will begin accepting comments on its Guidance on Data Evaluation for Weight of Evidence Determination, which is intended to ...
February 13, 2016
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Overtime Rule May Be Coming Sooner Than Expected

Despite tagging summer 2016 as the publication date for its revised white collar overtime rule, the Department of Labor (DOL) may now rush the rule into effect before May 16, which it learned is the final deadline that guarantees the next administration cannot reverse the rule. In a recent interview, DOL Secretary Thomas Perez said he was "confident we’ll get a final rule out by spring 2016.” ...
February 11, 2016
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Retaliation Tops the EEOC's Enforcement List

The Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns of the 89,385 charges of workplace discrimination that the agency received in fiscal year 2015. Retaliation charges increased by nearly 5 percent and continue to be the leading concern raised by workers across the country. Disability charges increased by 6 percent from last year and are the third largest categ...
February 10, 2016
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Obama's 2017 Budget Pushes Continued Medicaid Expansion

Though it's been labeled pretty much dead on arrival, President Obama's budget for 2017 includes a request for funds to allow new states to expand their Medicaid rolls under the Affordable Care Act (ACA) with a two-year free ride. The original ACA provision allowed states in 2014 to get full federal funding for two years if they expanded their Medicaid ranks to include those who made up to 138...
February 9, 2016
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OSHA Changes Whistleblower Investigative Standard to Reasonable Cause

In issuing its revised Whistleblower Investigations Manual, the Occupational Safety and Health Administration (OSHA) has relaxed its standard of investigation somewhat from a preponderance of evidence to reasonable cause. The manual requires that investigators evaluate all evidence from the complainant, witnesses and sources to determine if a "reasonable judge" would find that a violation may ...
February 5, 2016
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Obamacare Exchanges Sign Up 12.7 Million

On Jan. 31, Open Enrollment for 2016 coverage ended, with about 12.7 million plan selections through the Health Insurance Marketplaces, the Department of Health and Human Services (HHS) is reporting. Of the 12.7 million consumers enrolling in marketplace coverage, more than 9.6 million came through the HealthCare.gov platform and 3.1 million selected a plan through state-based marketplaces. It...
February 4, 2016
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Revised Form I-9 On the Way after Commentary Period Closes

A 60-day commentary period on proposed changes for the employment verification Form I-9 ended on Jan. 25, enabling the United States Citizenship and Immigration Services (USCIS) to proceed with its new "smart" version of the form. The "smart" Form I-9 is not a true electronic form per se since employers will still have to print out hard copies and retain them on file. Instead, the smart form i...
February 3, 2016
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6 Million Eligible for Medicaid Haven't Signed Up

Some six million Americans living in states with expanded Medicaid rolls have so far failed to sign up, even though their incomes qualify them, the Wall Street Journal is reporting. Another three million are not covered because they live in states that did not expand their Medicaid services under the Affordable Care Act (ACA). In the states with expanded benefits, to be eligible for Medicaid ...
February 2, 2016
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OSHA to Hold Public Meeting on Safety, Health Program

The Occupational Safety and Health Administration (OSHA) is hosting a day-long roundtable discussion on the agency's draft of updated Safety and Health Program Management Guidelines on Thursday, March 10, 2016, from 9 a.m. to 5 p.m. at the U.S. Department of Labor's Frances Perkins Building in Washington, D.C. Those wishing to attend must register here by March 3. Attendees can choose from sev...