Expert Compliance Insights & Tips for Businesses

May 13, 2013

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DOL Proposes Rule for Defined Contribution Income-Stream Projections

The Department of Labor (DOL) is floating a notice of proposed rulemaking (NPRM), published in the Federal Register this past week, that would require administrators of defined-benefit plans, such as 401(k)s, to project a lifetime income stream based on investment level, along with an account balance as is currently required. The publication opened up a 60-day public commentary period. ...

May 7, 2013

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Colorado Extends Discrimination Protection to Small Business Employees

Colorado legislators have passed and the governor has signed HB 1136, which allows workers at small businesses, defined as those companies with fewer than 15 employees, to take discrimination charges to court and win compensatory and punitive damage judgments as well as attorneys' fees. Prior to the legislation, employees at small firms suffering discriminatory actions could only win ...

May 7, 2013

41 view(s)

Appeals Court Nixes NLRB Employee Rights Poster

The U.S. Court of Appeals for the District of Columbia ruled today that the National Labor Relations Board (NLRB) cannot force businesses to display a poster explaining employees' rights to form a union. The issue has been before the court for many months, but in its final ruling, a three-justice panel of the court held that to force businesses to display such a poster would violate t...

May 6, 2013

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At $240 Million, EEOC Wins Largest Discrimination Judgment Yet

A Davenport, Iowa, jury has awarded the U.S. Equal Employment Opportunity Commission (EEOC) damages totaling $240 million -- the largest verdict in the federal agency's history -- for disability discrimination and severe abuse. The jury agreed with the EEOC that Hill County Farms, doing business as Henry's Turkey Service, subjected a group of 32 men with intellectual disabilities ...

May 2, 2013

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OSHA Targets Safety of Temporary Workers

This week the Occupational Safety and Health Administration (OSHA) sent out a directive to its field offices about conducting tighter inspections of worksites where temporary workers are employed, citing recent fatalities and lack of safety training for temporary personnel. The memo read, in part: Given the number of temporary workers and the recent high profile fatal incidents, th...

May 1, 2013

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OCR Introduces Tools to Clarify HIPAA Privacy and Security Rules

Though designed for consumers and their education, the Office for Civil Rights (OCR) has published a set of tools on its website to clarify the provisions of the HIPAA Privacy and Security Rules. For further details, visit Guidance Materials for Consumers.

April 30, 2013

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Arkansas Places Sweeping Restrictions on Employers' Access to Social Media Accounts

Arkansas has passed legislation banning employers from requesting passwords to job applicants' and employees' social media accounts. Employers are also banned from asking applicants and employees to change their privacy settings or to add the employer on their contact list. The only thing employers can still do is view the public pages of any employee's or applicant's soci...

April 29, 2013

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Jenny Yang Confirmed as EEOC Member

Jenny R. Yang has been confirmed as a member of the Equal Employment Opportunity Commission (EEOC) to fill an open Democratic seat. She joins Chair Jacqueline Berrien (D) and members Constance R. Barker (R), Chai Feldblum (D) and Victoria A. Lipnic (R). Yang's term expires on July 1, 2017. She comes to the position from private practice, where she specialized in representing employees...

April 25, 2013

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State OSHA Agencies Do More Inspections Than Feds But Fine Less

Some 21 states and Puerto Rico operate their own Occupational Safety and Health Administration (OSHA) operations, covering 40 percent of all affected entities (government and private sector), but they perform more inspections each year than federal OSHA, 52,000 vs. 40,000. However, federal inspectors term a greater percentage of violations as serious, resulting in an average fine for a federa...

April 24, 2013

46 view(s)

Average for Settling a Wage-and-Hour Lawsuit: $5.8 Million

Wage-and-hour litigation is the fastest-growing employment law threat employers face, according to a study by the Crowell & Moring law firm. It costs an average of $5.8 million to settle a wage-and-hour case, largely because so many are class-action lawsuits. The firm warns that exempt/nonexempt misclassification cases will continue to be particularly troublesome because of more vigor...

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EEOC Rescinds Permissible Affirmative Action Guidance

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