Expert Compliance Insights & Tips for Businesses

June 28, 2012

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Supreme Court Upholds PPACA's Individual Mandate

The U.S. Supreme Court announced today (June 28, 2012) that it has upheld the individual health insurance mandate (buy insurance or pay a penalty) portion of the Patient Protection and Affordable Care Act (PPACA) as constitutional under Congress's taxing authority. The victory for the Obama administration was sealed when Chief Justice John Roberts in a surprise move sided with the four soli...

June 28, 2012

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Latest Round of 500 I-9 Audit Notices Sent Out

Immigration and Customs Enforcement (ICE), a wing of the Department of Homeland Security (DHS) tasked with enforcing immigration policies (among other duties), has issued another 500 I-9 Employment Verification Form audits to 500 American businesses in critical infrastructure, agriculture and other industries. These I-9 audits can lead to fines and even civil and criminal penalties and charges....

June 27, 2012

39 view(s)

DOL Focuses on Outreach to Employees About Their FMLA Rights

In a dual move in the past few days, the Department of Labor (DOL) has reached out to employees to provide educational resources about their rights under the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for qualified workers facing serious health conditions or needing to care for close relatives. (Military caregiver leave has recently been included.) Fir...

June 26, 2012

32 view(s)

DOL Disclosure Fee Regulations Take Effect July 1

The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) is implementing a new disclosure rule effective July 1, 2012, regarding the fees associated with 401(k)-type investment plans. The final rule will require plan fiduciaries to release in both printed form and in Web format the costs associated with these retirement plans, including the commissions and/or fees c...

June 25, 2012

42 view(s)

DOL to Host FMLA Webinar for Employers, Employees on June 27

The U.S. Department of Labor's Wage and Hour Division (WHD) will host a free webinar on June 27 at 2 p.m. EDT to help workers and employers understand the Family and Medical Leave Act. The department also has prepared a 16-page booklet, available online, that explains the FLMA and answers common questions. "The Family and Medical Leave Act provides America's workers one of the coun...

June 21, 2012

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OSHA to Publish Direct Final Rule on PPE Tomorrow

The Occupational Safety and Health Administration (OSHA) has prepared a direct final rule on the use of personal protective equipment (PPE), updating the existing standard promulgated in 2009 regarding the use of head gear, that it will publish in the Federal Register Friday, on June 22, 2012. If the agency receives no adverse comments from the public during its open commentary that runs throug...

June 20, 2012

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Trumped: Court Rejects NLRB Certification of 'Card-Check' Unionization at Casino

card check NLRB Trump Plaza

In 2007 the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America campaigned to organize the card dealers at the Trump Plaza in Atlantic City, N.J. Days before the election, the union assembled federal, state and local politicians, Trump employees and union organizers for a mock card-check vote, broadcast by a local TV station that subsequently announce...

June 18, 2012

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Supreme Court Strikes Down DOL Interpretation of Pharma Reps' Overtime Status

The U.S. Supreme Court today rejected an interpretation by the Department of Labor (DOL) that pharmaceutical sales representatives are hourly employees subject to overtime day. The 5-4 decision, in Michael Shane Christopher, et al., Petitioners v. SmithKline Beecham Corp. dba GlaxoSmithKline, restores the DOL's position on the issue that existed for decades prior to 2009, when a newly agend...

June 18, 2012

46 view(s)

NLRB Launches Web Page on 'Protected, Concerted Activity'

The National Labor Relations Board (NLRB) announced today that it has made public a Web page that describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union. The page, at www.nlrb.gov/concerted-activity, tells the stories of more than a dozen recent cases involving protected concerted activity, which can be viewed by clicking points on...

June 17, 2012

29 view(s)

Firm Turns Tables on EEOC and Wins $750K Judgment for Wrongful Lawsuit

A staffing firm named Peoplemark Inc. has been awarded $752,000 in damages over a lawsuit by the Equal Employment Opportunity Commission (EEOC) that alleged racial discrimination that it could not prove, and which in fact Peoplemark showed to be the opposite of the truth. The EEOC went after Peoplemark, claiming that its blanket rejection of applicants with criminal backgrounds disparately impa...

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