Expert Compliance Insights & Tips for Businesses

December 6, 2012

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Virginia Joins List of States Mandating E-Verify Usage

This week in the Commonwealth of Virginia, all government agencies began using the online E-Verify system for new hires to ascertain their legal right to work in the United States. Under HB 737, the rollout of E-Verify commenced on Dec. 1 with the government mandate. As of next Dec. 1 (2013), contractors with 50 or more employees who receive a government contract of at least $50,000 will ...

December 5, 2012

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FTC Narrows the Red Flags That Trigger Creditor Compliance

The Federal Trade Commission (FTC) has announced publication of an Interim Final Rule on identity theft “red flags” that narrows the circumstances under which creditors are covered by the rule. Congress directed the FTC, along with several banking agencies to develop regulations requiring “financial institutions” and “creditors” to develop and implement a wri...

December 4, 2012

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FAA Seeks OSHA Help in Addressing Airline Workplace Safety

The Department of Transportation’s Federal Aviation Administration (FAA), working with the Department of Labor’s Occupational Safety and Health Administration (OSHA), has proposed a new policy for addressing flight attendant workplace safety. While the FAA's aviation safety regulations take precedence, the agency is proposing that OSHA be able to enforce certain occupational saf...

December 3, 2012

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Inspector General Releases Results of Annual DOL Audit

The Office of the Inspector General (OIG) has released its yearly audit of the operations of the Department of Labor (DOL). Among the findings are these major points: The use of limited-scope audits by independent public accountants that are authorized under the Employee Retirement Income Security Act (ERISA) allowed $3.3 trillion in assets to be excluded from audit review. Management of the...

November 30, 2012

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Court Rules That EEOC Does Not Have Unlimited Investigative Powers

A federal district judge in Arizona has ruled that the Equal Employment Opportunity Commission (EEOC) does not have the authority to investigate generalized charges of discrimination that are not tied to charges by an aggrieved party. In EEOC v. McLane Company, Inc., Judge G. Murray Snow of the U.S. District Court for the District of Arizona also ruled that some of the information requested by ...

November 27, 2012

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PPACA Back in Court, This Time on the Constitutionality of the Employer Mandate

A lawsuit challenging Obamacare by Liberty University was originally dismissed by the Supreme Court when it issued its historic decision on the Patient Protection and Affordable Care Act (PPACA) in June 2012, but under petition, the court has now mandated the 4th Circuit Court of Appeals to reopen the case and examine the constitutionality of the employer mandate and the no-cost contraception p...

November 27, 2012

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Supreme Court Considering the Definition of Supervisor

Federal civil rights laws protect employees from harassment and discrimination by their employers and their agents, and "agents" are generally interpreted to mean supervisors. Aggrieved employees and their attorneys have long sought to expand the definition of supervisor beyond someone with the power to hire, fire, demote and discipline to enlarge the pool of those they can sue. Now t...

November 21, 2012

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HHS Moves to Implement Obamacare With New Guidance

The Department of Health and Human Services (HHS) on Nov. 20 reaffirmed key provisions of the Patient Protection and Affordable Care Act (PPACA), aiming to ensure that all Americans will be able to get at least minimal health care insurance starting in 2014. The Obama administration yesterday issued: A proposed rule that, beginning in 2014, prohibits health insurance companies from discrimina...

November 20, 2012

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EEOC Sets Record for Monetary Recoveries in Fiscal Year 2012

The Equal Employment Opportunity Commission (EEOC) finished fiscal year 2012 with record high monetary recoveries for victims of discrimination, as well as a significant decrease in its inventory of pending cases, the agency announced in its Performance and Accountability Report (PAR) released Nov. 16. This is the first performance report compiled under the standards of the EEOC's new&...

November 19, 2012

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OSHA Seeks to Ensure Black Friday Is Safe for Everyone

On Black Friday 2008, a Wal-Mart worker was trampled to death underneath the onslaught of some 2,000 rabid shoppers as he opened the front door, and since then the Occupational Safety and Health Administration (OSHA) has issued guidelines to help retailers and other store owners to create a safe environment for workers and shoppers alike. In anticipation of the upcoming Black Friday on Nov. 23,...

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