Expert Compliance Insights & Tips for Businesses

August 29, 2012

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401(k) Employer Matches Make a Rebound

When economic troubles began percolating in 2007-2008, many companies dropped their 401(k) matching-contribution programs to save money. Now a survey by the Charles Schwab Corp. shows that not only has that trend been reversed, but more companies are now offering matching contributions than before the onset of the so-called Great Recession. The Schwab study says the percentage of companies offe...

August 27, 2012

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OSHA Details Removal Process for Companies on SVEP

DEP OSHA SVEP

The Occupational Safety and Health Administration (OSHA) since the program's inception in 2010 has placed 288 companies in its Severe Violator Enforcement Program (SVEP), but just recently listed the steps in the process for those companies to be removed from the program. The Directorate of Enforcement Programs (DEP) at OSHA issued the following information regarding the removal process thi...

August 25, 2012

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EEOC Loses 'Frivolous' Lawsuit and Must Pay $140K in Attorneys' Fees

The 10th Circuit Court of Appeals has affirmed a district court's summary dismissal of a lawsuit by the Equal Employment Opportunity Commission (EEOC) against a New Mexico firm and awarded the defendants $140, 571.62 in attorneys' fees. The EEOC was alleging a failure to accommodate for a disability under the Americans with Disabilities Act (ADA) against TriCore Reference Laboratories, ...

August 23, 2012

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Wal-Mart Fails to Accommodate, Settles Lawsuit for $50,000

In a cautionary tale for all employers covered by the Americans with Disabilities Act (ACA), Wal-Mart is now on the hook for $50,000 and mandated internal reforms at a site where a manager refused to listen to a 22-year employee's request for a reasonable accommodation, instead demanding that she return to full duty. The Equal Employment Opportunity Commission (EEOC), in a lawsuit filed in ...

August 22, 2012

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Processing Time for Federal Government EEOC Complaints Improves

EEOC retaliation complains

Federal employees and applicants filed 16,974 complaints of employment discrimination in fiscal year 2011, according to the U.S. Equal Employment Opportunity Commission’s (EEOC's) “Annual Report on the Federal Work Force Part I: EEO Complaints Processing for Fiscal Year 2011.” The report assesses federal agencies’ equal employment opportunity compla...

August 20, 2012

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DOJ Reaches Settlement in I-9 Discrimination Case

Department of Justice Immigration and Nationality Act INA

Best Packing Services Employment Agency Inc. of Philadelphia will initiate internal reforms and award back wages of $4,379 to two persons whose employment was delayed by the company's misuse of the I-9 employment verification process, following a settlement with the Department of Justice (DOJ) and its Office of Special Counsel (OSC), which enforces immigration policies. The settlement invol...

August 20, 2012

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Drive-By, On-the-Spot OSHA Inspection Results in $154,400 Fine

An Occupational Safety and Health Administration (OSHA) inspector driving by a construction site decided that what he saw didn't cut muster, so he dropped in for a surprise inspection. When he departed the firm, he left behind notice of a substantial fine to be paid. All in a day's work, evidently. What the inspector noticed from the street was that the residential construction site in ...

August 19, 2012

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EEOC Field Office Weighs In Against Gag Orders

Civil Rights Act Title VII

In a move parallel to the National Labor Relations Board (NLRB) and its recent enforcement of Section 7 employee rights, the Buffalo field office of the Equal Employment Opportunity Commission (EEOC) has warned an employer that it is a "flagrant" violation to prohibit employees from discussing among one another claims of harassment leveled by fellow employees. In a letter to the emplo...

August 16, 2012

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DOL to Continue Challenging Overtime-Exempt and Independent Contractor Arrangements

FLSA independent contractors overtime

Speaking before the American Bar Association (ABA) at its annual conference this month, Solicitor M. Patricia Smith of the Department of Labor (DOL) said that investigations of employment arrangements that incorrectly classify people as independent contractors, or otherwise make employees exempt from overtime pay, would continue in a cooperative effort with several states. Smith, who as labor s...

August 15, 2012

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Recent FLSA Overtime Settlement Outside of Court Definitely Not the Norm

DOL FLSA overtime

The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be bargained or negotiated outside of court except by the DOL. Such "substantive rights" include the FLSA guarantee of time-a...

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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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