Expert Compliance Insights & Tips for Businesses
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
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
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
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. (...
OSHA Releases Guidance on Winter Weather Safety
December 12, 2023
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As December and winter begin, the Occupational Safety and Health Administration (OSHA) updated its online resources on winter weather safety. Markedly, OSHA’s Winter Weather webpages highlight the importance of safeguarding against cold stress. Correspondingly, preventing cold stress is as important as keeping employees safe from heat stress during warmer months. Overall, cold exposure can lead...
Department of Labor Adjusts Child Labor Penalties
December 5, 2023
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On November 28th, 2023, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) updating child labor penalties. According to the federal agency, in recent years, there has been a significant rise in child labor violations. Subsequently, the DOL’s Wage and Hour Division (WHD) implemented new procedures for assessing Child Labor Civil Money Penalties (CL CMP). Specifically, th...
November 28, 2023
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NLRB Finalizes 2023 Joint Employer Rule
RECENT UPDATES: For updates on the status of this rule, click here.
On October 26th, 2023, the National Labor Relations Board (NLRB or the Board) released its joint employer final rule. The final rule rescinds the previous 2020 final rule. According to the NLRB, the previous rule set a higher threshold and included joint employment descriptions contrary to the statute and Congressional inten...
EEOC Systemic Discrimination Cases Double
November 21, 2023
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According to a new report, in 2023, the U.S. Equal Employment Opportunity Commission (EEOC) took significant strides against systemic discrimination. All in all, the agency states that this was a year of robust action and impactful outcomes. Overall, the EEOC’s Fiscal Year 2023 Agency Financial Report (AFR) sheds light on its financial management and key performance results. The agency made the...
Employers Report Surge in Previous Year Workplace Injuries and Illnesses
November 14, 2023
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A recent Bureau of Labor Statistics (BLS) report revealed that employers reported increased nonfatal workplace injuries and illnesses in 2022. This surge within private industry workplaces showed a 7.5 percent rise from 2021 and raised significant concerns within the workforce. Overall, the report examines the key factors contributing to the increase as reported to the BLS. In December 2022, th...
OSHA & NLRB Boost Whistleblower Protections
November 7, 2023
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On October 31st, 2023, two federal agencies announced that they joined forces to fortify whistleblower protections in the workplace. Accordingly, the Department of Labor (DOL) and the National Labor Relations Board (NLRB) shared details about this collaboration. In summary, the two agencies will provide more information-sharing, outreach, and training efforts on whistleblower provisions. Both a...