Expert Compliance Insights & Tips for Businesses

February 27, 2013

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OFCCP to Strengthen Investigation and Enforcement of Contractor Pay Practices

The Department of Labor yesterday announced that its Office of Federal Contract Compliance Programs (OFCCP) is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines."This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's a...

February 26, 2013

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HHS Rule Mandates Coverage for Mental Health and Substance Abuse

Department of Health and Human Services (HHS) Secretary Kathleen Sebelius has announced a final rule that will make purchasing health coverage easier for consumers. The policies outlined will give consumers a consistent way to compare and enroll in health coverage in the individual and small group markets, while giving states and insurers more flexibility and freedom to implement the Affo...

February 21, 2013

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Former Hostess Employees Certified for Trade Adjustment Assistance

The Department of Labor (DOL) has announced that approximately 18,000 workers laid off in 48 states from 864 Hostess company locations are eligible to apply for Trade Adjustment Assistance (TAA). "As President Obama said in his State of the Union address, 'to grow our middle class, our citizens must have access to the education and training that today's jobs require,'" sai...

February 20, 2013

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Supreme Court to Hear Donning and Doffing Case

The Supreme Court has opted to consider an appeal of a 7th Circuit Court decision that donning and doffing personal protective equipment (PPE) is not a "principal activity" that triggers the start of the workday, and time so spent thus does not have to be compensated. The case, Sandifer, et al. v. U.S. Steel Corp., will be argued during the term beginning in October 2013. The union re...

February 20, 2013

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ADAAA Settlements on the Rise

Since the adoption of the Americans with Disabilities Amendments Act (ADAAA) in 2008, there has been a dramatic increase in disability claims and settlements based on the ADAAA's expanded definition of disability. According to an analysis of Equal Employment Opportunity Commission (EEOC) statistics by Warren and Associates: Settlements related to claims of disability discrimination based ...

February 16, 2013

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California Partners with the DOL to Combat Worker Misclassification

California this month became the 12th state to enter into a memorandum of understanding (MOU) with the Department of Labor (DOL) to fight the widespread employer practice of misclassifying workers as independent contractors. "This memorandum of understanding helps us send a message: We are standing together with the state of California to end the practice of misclassifying employees,"...

February 13, 2013

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EEOC Seeks Input on Service Quality

EEOC

The Equal Employment Opportunity Commission (EEOC) has announced that it is inviting public input into a Quality Control Plan (QCP) under development as part of its Strategic Plan. In February 2012, the EEOC approved a Strategic Plan for fiscal years 2012-2016. This Strategic Plan establishes a framework for achieving the EEOC's mission to stop and remedy unlawful employment disc...

February 12, 2013

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Whistleblower Protection for Seamen Extended to OSHA

The Occupational Safety and Health Administration (OSHA) has published interim final rules that establish procedures governing whistleblower complaints filed under the Seaman’s Protection Act. The act protects seamen from retaliation for engaging in protected activity under the Act, including providing information to the government about an alleged violation of maritime safety laws or reg...

February 7, 2013

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DOL Publishes Final Rule on Military, Flight Crew FMLA Leave

The Department of Labor (DOL) has published a final rule to implement changes to the Family and Medical Leave Act (FMLA) regarding leave for caregivers for families of servicemembers and for flight crews. The rule reads: This Final Rule amends certain regulations of the Family and Medical Leave Act of 1993 (the FMLA or the Act) to implement amendments to the military leave provisions of the A...

February 6, 2013

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DOL Releases Trio of Reports on the FMLA

On the 20th anniversary of the act's signing date, the Department of Labor (DOL) yesterday released a trio of new surveys on the effect and effectiveness of the Family and Medical Leave Act (FMLA). In introducing the reports, the DOL's website noted: The nation now has two decades of experience with the Family and Medical Leave Act. That experience — including both employer work...

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EEOC Rescinds Permissible Affirmative Action Guidance

On June 30, 2026, the Equal Employment Opportunity Commission (EEOC) officially rescinded two longstanding documents relating to permissible affirmative action. The documents were part of the EEOC's guidance on affirmative action under Title VII of the Civil Rights Act of 1964.

DOJ Challenges EEOC's Stance on Disparate Impact Claims

The U.S. Department of Justice (DOJ) recently issued a legal opinion that may signal major changes ahead in federal workplace discrimination enforcement. In a June 9, 2026 memorandum, the DOJ's Office of Legal Counsel (OLC) expressed the opinion that the Equal Employment Opportunity Commission's...

Department of Labor Issues 2026 Civil Penalty Update: No Adjustments This Year

The U.S. Department of Labor (DOL) recently published its annual update announcement regarding federal civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act. In a notice published in the Federal Register on May 27th, 2026, the DOL announced that no penalty increases...

U.S. Department of Labor Issues New Opinion Letters on Overtime Exemptions, Bonuses, and Compensable Time

On May 29th, 2026, the U.S. Department of Labor (DOL) released several new opinion letters addressing key wage & hour issues. Specifically, one of the four documents informed readers whether an exempt employee could perform additional work in a secondary role at an hourly rate and still be eligible...

EEOC Issues New National Enforcement Plan Through 2029

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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