Expert Compliance Insights & Tips for Businesses

October 14, 2013
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New York Wage-Deduction Law Takes Effect

The New York Department of Labor (NYDOL) this past week issued final rules enabling employers to collect overpaid wages and pay advances from employees through paycheck deductions, providing certain conditions are met. The final rules implement a law that Gov. Andrew Cumo signed in September 2012. Employers had been waiting for NYDOL regulations before proceeding. The rules set up con...
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October 10, 2013
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IRS Issues Guidance on Refunds for Prior Same-Sex Spouse Benefit Taxes

Following the Supreme Court decision invalidating Section 3 of the Defense of Marriage Act (DOMA), the Internal Revenue Service (IRS) issued a ruling that legally married same-sex couples are now entitled to the tax benefits long accorded legally married opposite-sex couples. The IRS has subsequently issued guidance granting refunds for any taxes paid prior to the June DOMA decision for a...
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October 9, 2013
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401(k) Auto-Enroll Companies Chintzier Than Non-Auto Firms

Companies that follow Congress's suggestion and auto-enroll their employees in 401(k) defined-contribution retirement plans indeed see higher participation rates -- 71 to 67 percent -- but also appear more reluctant to chip in company matching funds, a study has found. Though the matching rates are numerically close, 3.5 percent for non-auto-enroll companies and 3.2 percent for auto-e...
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October 8, 2013
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Obamacare Update: HHS Secretary Doesn't Know How Many Have Enrolled

So far, most reports from both the federal and state Health Insurance Marketplaces since their opening on Oct. 1 have focused on "accounts created," not on policies sold. In fact, when asked point blank how many Americans had enrolled in health plans through the exchanges while appearing on "The Daily Show with Jon Stewart" Monday night, Health and Human Services (HHS)...
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October 8, 2013
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Court Refers Mortgage Loan Officer Overtime Status Back to DOL

The D.C. Circuit Court of Appeals has sided procedurally with the Mortgage Bankers Association in a case involving the reclassification by the Department of Labor (DOL) of mortgage loan officers as nonexempt employees who are eligible for overtime pay. Background: A 2006 opinion letter by the DOL awarded exempt status to mortgage loan officers, meaning they were salaried workers not eligi...
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October 8, 2013
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North Colorado? Secession Movement Alive in Rural Colorado

Stung by what they see as a leftward tilt by politicians in the state capital of Denver, residents of 11 rural counties in Colorado are voting in November whether to secede from the state. The litany of local complaints range from green energy to gay rights, but the galvanizing event was the state legislature's vote to enact stricter gun controls. That act has already resulted in the ...
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October 8, 2013
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French Labor Law Intercepts Another Alleged Foreign Violator, Ryanair

Foreign Labor Law
Earlier, we reported how French labor law enforcement officials had sniffed out Sephora for staying open too late on the Champs d'Elysees, and now they want discount carrier Ryanair to treat its employees equally under French labor laws and are levying a $13 million fine against the company for violations. French authorities charge Ryanair with multiple violations, including the preve...
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October 7, 2013
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NLRB to Construe Each Shutdown Day as a Legal Holiday for Filing Purposes

The National Labor Relations Board (NLRB), following procedural rules it set up to be used in the event of a shutdown, is counting each day the board is closed because of the Congressional funding stalemate to be a legal holiday. Thus the deadline for filings and serving documents will be extended for each day of the government shutdown. These procedural rules have no effect on legal statutes ...
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October 7, 2013
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Supreme Court Convenes, for a Week at Least

In the midst of a federal government shutdown, the U.S. Supreme Court opened for business today as it does annually on the first Monday in October. The court announced it would be business as usual through the end of the week, but further deliberations may depend on a resolution to the budget impasse in Congress. Among key cases to be heard and determined this term are those involving campaign...
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October 6, 2013
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Federal Health Care Site Down for Repairs

The HealthCare.gov website, gateway for health insurance coverage under Obamacare for tens of millions of American without state-operated exchanges, is down for off-hour repairs this weekend following days of difficulties after the Oct. 1 launch. The government has yet to release enrollment figures but is officially gloating about "record demand in the first days of the marketplaces." The Ass...
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EEOC Rescinds Permissible Affirmative Action Guidance
EEOC Rescinds Permissible Affirmative Action Guidance

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U.S. Department of Labor Issues New Opinion Letters on Overtime Exemptions, Bonuses, and Compensable Time
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EEOC Issues New National Enforcement Plan Through 2029
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On June 4th, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) released a new 2025-2029 National Enforcement Plan (NEP). The NEP sets the EEOC’s specific subject-matter priorities from June through fiscal year 2029.

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