Expert Compliance Insights & Tips for Businesses

July 30, 2012

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USCIS Releases I-9 Guidebook in Spanish

The United States Customs and Immigration Services (USCIS) has made available its M-274 publication titled "Handbook for Employers" in Spanish. The handbook is a comprehensive guide to compiling and safekeeping the I-9 employment eligibility form required of all employees. Please click on the title for the official download link: "Spanish Handbook for Employers" (Manual para...

July 28, 2012

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I-9 Audit Forces Popular Texas Sushi Zushi Chain to Shutter

Saying that too many crucial employees had failed to show up to work as Immigrations and Customs Enforcement (ICE) officials conducted an I-9 audit, the Sushi Zushi Texas chain of restaurants, with roots in San Antonio and branches in Dallas and Austin, was forced to shutter -- at least temporarily -- all eight of its locations. The company says it's not sure when it will reopen the restaur...

July 27, 2012

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Wage and Hour Lawsuits on the Rise

The nation is witnessing a record number of wage and hour lawsuits, often federal but also hybrid (different states at the same) court cases. In the period that just ended on March 31, a total of 7,064 lawsuits under the Fair Labor Standards Act (FLSA), which regulates wages, hours and overtime, had been filed for the previous 12 months. That number is up 33 percent from the 5,302 cases in 2008...

July 25, 2012

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ADA Marks 22nd Anniversary Today

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by then-President George H.W. Bush, and it has been the law of the land ever since. It was even re-energized and augmented by the ADA Amendments Act of 2008, which was signed into law by the elder Bush's son. The ADA transformed Section 504 of the Rehabilitation Act of 1973, which governed only businesses workin...

July 25, 2012

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Health Insurance Rebates Are Largely Taxable at Work

Under the terms of the Patient Protection and Affordable Care Act (PPACA) of 2010, medical insurers who fail to devote 80 percent of premiums received on health care expenses (86 percent in the large group market) must pay annual rebates, with the first set of rebates due this Aug. 1. The Internal Revenue Service (IRS) has clarified that such rebates for employer-based insurance policies are ge...

July 24, 2012

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EBSA Revises Submission Procedures for Fiduciary Relief Under Disclosure Rule

401(k) EBSA

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has announced improved procedures for plan sponsors who wish to obtain fiduciary relief for a service provider’s failure to comply with the department’s plan-level fee disclosure rule. A new Direct Final Rule accordingly revises the mailing address and web-based submission procedures for filing certa...

July 23, 2012

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7th Circuit Says Disabled Not Automatically Entitled to Vacant Jobs

The 7th Circuit Court of Appeals, which holds jurisdiction over courts in Illinois, Indiana and Wisconsin, has upheld a 2000 decision in which it ruled that the disabled are not automatically entitled to vacant job openings as a reasonable accommodation under the Americans with Disabilities Act (ADA). The case under review involved a United Airlines' policy (called "Reasonable Accommod...

July 20, 2012

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EEOC Holds Public Meeting on Four-Year Strategic Plan

EEOC

The Equal Employment Opportunity Commission on July 18 held a public meeting at which academics, representatives of the civil rights, business and federal sector communities, as well as former EEOC leaders and current employees, presented their views about the agency’s proposed Strategic Enforcement Plan (SEP) for 2012-2016. The Strategic Enforcement Plan grew out of the agency’s st...

July 19, 2012

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Following SCOTUS Ruling, EBSA Begins Auditing Compliance with Obamacare

If the actions of the Los Angeles office of the Employee Benefits Security Administration (EBSA) are any indication, the Department of Labor (DOL) has decided that the Supreme Court's recent endorsement of the Affordable Care Act (ACA) represents prime time to begin auditing compliance with all federal health care legislation. In letters recently sent to local employers, the Los Angeles EBS...

July 17, 2012

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HHS Sets Up a Tool to Determine If Your Health Insurer Owes Policyholders a Rebate

The Department of Health and Human Services (HHS) has introduced an online tool to determine if your health insurer owes you a rebate come Aug. 1, 2012, based on that company's compliance with mandated medical loss ratio (MLR) standards under the Patient Protection and Affordable Care Act (PPACA). The MLR standard for health care insurance companies in the small group market is 80 percent, ...

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