Expert Compliance Insights & Tips for Businesses

California Local Minimum Wage Increases Effective July 1st, 2023-7-11-23

OSHA Cites a Contractor $1M+ for Failing to Provide Fall Protection

July 11, 2023
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This month, the Occupational Safety and Health Administration (OSHA) announced that a construction contractor in American Samoa must pay over $1 million in new penalties for failing to provide adequate fall protection. In fact, since 2018, OSHA has cited the same contractor with 22 serious violations, including willful and repeated violations, in 26 separate inspections. Similar to the recent v...
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July 5, 2023
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U.S. Supreme Court Rules on Religious Accommodation

The U.S. Supreme Court (SCOTUS) recently ruled on the standard for undue hardship in a religious accommodation case. In a unanimous decision, SCOTUS stated that “showing more than a de minimis cost” does not suffice to establish undue hardship under Title VII of the Civil Rights Act of 1964 (Title VII). Title VII left it to the court to specifically define undue hardship. In brief, the recent d...
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July 5, 2023
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NLRB Judge Decides on Adverse Action for Legitimate Business Reasons

Recently, a National Labor Relations Board (NLRB) administrative law judge (ALJ) issued a decision stating that adverse employment action taken against an employee for legitimate business reasons does not violate the National Labor Relations Act (NLRA) even if the employer violated the NLRA elsewhere. Briefly, the employee had engaged in protected concerted activity in discussing wages with cow...
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NLRB Judge Decides on Adverse Action for Legitimate Business Reasons-7-5-23

Owner to Pay Almost $1.6M for Exposing Workers to Fall Hazards

July 5, 2023
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The U.S. Department of Labor (DOL) recently announced that an owner of a roofing business in Maine is personally liable for nearly $1.6 million when they willfully exposed workers to fall hazards resulting in a fatality. Before the fatal incident and subsequent inspections, the Occupational Safety and Health Administration (OSHA) had cited the owner for violations at least five times beginning ...
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June 27, 2023
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Agency Enforces PWFA, Issues Guidance on Pregnancy Accommodations

As the Pregnant Workers Fairness Act (PWFA) took effect today, the U.S. Equal Employment Opportunity Commission (EEOC) began accepting charges under the law and issued guidance on pregnancy accommodations in the workplace. In brief, the PWFA requires covered employers to provide reasonable accommodations to an employee or applicant based on their pregnancy, childbirth, or related medical condit...
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June 27, 2023
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HHS Issues Advisory on the Mental Health Symptoms of Long COVID

While the COVID-19 public health emergency (PHE) may have officially ended on May 11, for many individuals, the symptoms of Long COVID are very much a daily reality. On June 21st, 2023, the U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), issued an advisory detailing the mental health symptoms of Long COVID. In b...
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Agency Enforces PWFA, Issues Guidance on Pregnancy Accommodations-6-27-23

SCOTUS Ruling Preserves the Benefits of Arbitration During Appeals

June 27, 2023
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On June 23rd, 2023, the U.S. Supreme Court (SCOTUS) ruled in Coinbase Inc. v. Bielski that if a district court denies a party’s initial request to compel arbitration, the court must stay its proceedings while its decision is appealed, effectively preserving the benefits of arbitration for business entities. Namely, these benefits include privacy, lower cost, and efficiency. While the specific c...
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June 20, 2023
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EEOC Releases Updated Know Your Rights Poster Effective June 27

The U.S. Equal Employment Opportunity Commission (EEOC) has released its updated “Know Your Rights: Workplace Discrimination is Illegal” (updated Know Your Rights) poster, which includes a section reflecting protections for pregnant workers under the Pregnant Workers Fairness Act (PWFA). This poster will replace the previous October 2022 version of the poster. As the PWFA goes into effect on Ju...
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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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Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

DOJ Challenges EEOC's Stance on Disparate Impact Claims
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