Expert Compliance Insights & Tips for Businesses

June 20, 2023
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DOL Pushes Contractor Rule to Oct 2023

This month, the U.S. Department of Labor (DOL) stated that its Independent Contractor final rule will now be ready for publication in October 2023. Subsequently, this date is five months later than the DOL’s previously projected date. The DOL made its statement in a filing with the U.S. Court of Appeals for the Fifth Circuit (the Fifth Circuit). As the nation’s primary wage law and one of the m...
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DOL Pushes Independent Contractor Final Rule to October 2023-6-20-23

USCIS Issues Policy Guidance on Employment Authorization Documents

June 20, 2023
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On June 14th, 2023, the U.S. Citizenship and Immigration Services (USCIS) released policy guidance on the eligibility criteria for applications for employment authorization documents in compelling circumstances. Existing regulatory requirements under 8 CFR 204.5(p) determine applicant eligibility for employment authorization in compelling circumstances. Meanwhile, employers are obligated to ver...
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June 13, 2023
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OSHA Urges Employers to Protect Outdoor Workers from Wildfire Hazards

As wildfires north of the U.S. continue to create air pollution hazards in parts of the country, the Occupational Safety and Health Administration (OSHA) has urged U.S. employers to protect outdoor workers from wildfire hazards and poor air quality. OSHA recently shared resources and wildfire safety tips for employers with outdoor workers in time for the hot summer season. As record heat waves ...
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June 13, 2023
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DOL Issues Guidance on How to Calculate FMLA Leave During a Holiday

Ahead of the Fourth of July and Labor Day, the U.S. Department of Labor (DOL) issued an opinion letter containing guidance on the Family and Medical Leave Act (FMLA) detailing how to calculate FMLA leave during a week with a holiday. Briefly, the DOL’s guidance makes a distinction between employees taking constant, uninterrupted FMLA leave and those taking intermittent leave. In February 2023, ...
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DOL Issues Guidance on How to Calculate FMLA Leave During a Holiday-6-13-23

Manufacturer to Pay $650K for Illegal Worker Misclassification

June 13, 2023
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This month, the U.S. Department of Labor (DOL) announced that a California food manufacturer will pay $650,000 as a result of their illegal worker misclassification. Briefly, the employer failed to pay overtime wages to employees it misclassified as independent contractors and exempt from overtime. In October 2022, the DOL published a proposed independent contractor rule to prevent worker miscl...
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June 7, 2023
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NLRB General Counsel Memo Targets Employee Non-Compete Agreements

Recently, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released a memo urging the NLRB to declare employee non-compete agreements unlawful under the National Labor Relations Act (NLRA). Notably, if the NLRB were to adopt Abruzzo’s position, it would be an unprecedented expansion of its authority. Abruzzo’s push to ban non-competes follows recent action by the Federal T...
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June 7, 2023
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SBA Completes Required Review of Small Business Size Standards

This month, the U.S. Small Business Administration (SBA) completed its second required five-year review of its small business size standards. Briefly, these size standards determine a business’s eligibility for all SBA small business loan programs. In order to qualify for loans, companies must satisfy the agency’s definition of a “small business concern.” In May 2023, the Biden Administration a...
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Health Care Agency to Pay More Than $7M for FLSA Overtime Violations-6-7-23

Health Care Agency to Pay More Than $7M for FLSA Overtime Violations

June 7, 2023
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In another significant summary judgment under the Fair Labor Standards Act (FLSA), a federal court in Pennsylvania ordered a Philadelphia home health care agency to pay more than $7 million for FLSA overtime violations. The litigation and judgment came after the Department of Labor’s (DOL’s) Wage and Hour Division (WHD) found that the employer willfully failed to pay overtime and falsified time...
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May 31, 2023
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FTC States COPPA Does Not Always Preempt State Online Privacy Laws

The Federal Trade Commission (FTC) recently filed a brief in the case of Jones v. Google, stating that the Children's Online Privacy Protection Rule (COPPA) does not preempt state online privacy laws that are consistent with COPPA. The FTC’s brief ultimately agreed with an appellate court’s ruling in the matter. In showing a strong interest in interpreting COPPA correctly, the FTC continues to ...
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May 31, 2023
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DOL Finds More Than 170 Child Labor Violations at Fast Food Chain

This week, the Department of Labor (DOL) announced that a popular fast food chain will pay over $71 thousand in fines for over 170 child labor violations across six locations. The DOL’s investigation included locations across Nevada. Overall, from 2018 to 2022, the DOL identified child labor violations in more than 4,000 cases that affected 15,000 employed children. In January 2023, as part of ...
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