Expert Compliance Insights & Tips for Businesses

April 20, 2012

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EEOC to Consider, Vote on New Regulations Regarding Criminal Background Checks

At its regularly scheduled April 25 meeting, the Equal Employment Opportunity Commission (EEOC) will vote on new enforcement guidance on the use of criminal background checks in pre-employment hiring decisions. It is expected that the new guidelines will considerably strengthen the existing 1987 standards, making it more difficult for employers to use such checks to block individuals from being...

April 19, 2012

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Hotels Scramble to Meet May 21 Deadline to Install ADA-Compliant Pool Lifts

Hotels and other public facilities across the nation are rushing to bring their swimming pools up to 2010 Americans with Disabilities Act (ADA) pool standards that mandated the installation of chair lifts to enable disabled swimmers to enter the water. Complicating the scene is a backlog of orders at the lift manufacturers; for owners of the public pools, another problem is cost. The lifts, whi...

April 17, 2012

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Appeals Court Issues Temporary Injunction Against NLRA Employee Rights Poster

A federal appeals court in Washington, D.C., today blocked the National Labor Relations Board (NLRB) from requiring American businesses to post its NLRA Employee Rights Poster by April 30, issuing a temporary injunction to stop the mandate. The injunction follows on the heels of a federal court's decision in South Carolina this past Friday that said the board lacks the authority to mandate ...

April 16, 2012

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Survey Shows Continuing Uptick in Health Information Data Breaches

According to a Kroll Advisory Solutions survey of 250 hospitals and medical centers worldwide, the incidence of breaches of personal health information (PHI) has risen to 27 percent. In other words, 27 percent of the respondents reported at least one security breach in the past 12 months. That figure is up from 19 percent in 2010 and 13 percent in 2008. Human error remains the greatest threat t...

April 14, 2012

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South Carolina District Court Blocks NLRA Employee Rights Poster Mandate

Late Friday afternoon (April 13, 2012), the U.S. District Court for the District of South Carolina blocked the National Labor Relations Board (NLRB) from mandating its NLRA (National Labor Relations Act) Employee Rights Poster that was due to be posted no later than April 30 by virtually every private employers in the United States. The ruling cited the board's lack of statutory author...

April 14, 2012

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DOL Extends Commentary Period on Proposed FMLA Leave Changes

The U.S. Department of Labor's Wage and Hour Division (WHD) has extended the commentary period for its proposed rule to implement new statutory amendments to the Family and Medical Leave Act (FMLA) that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. On Feb. 15, the department published a notice of proposed rul...

April 13, 2012

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Pilot Program Will Consolidate Some NLRB Field Offices

National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon has announced implementation of a pilot program consolidating Regional Offices effective May 1, 2012. The pilot program will consolidate regional offices in Atlanta, Ga. (Region 10) and Winston-Salem, N.C. (Region 11). This program will also consolidate Regional Offices in St. Louis, Mo. (Region 14) and Kansas City, Kansa...

April 13, 2012

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Stuart Ishimaru to Resign from EEOC Two Months Early

With no explanation for his early resignation, Equal Employment Opportunity Commission (EEOC) member Stuart Ishimaru has announced that he will be leaving his post two months before his commission expires. Ishimaru was appointed by former President George W. Bush in 2003 and was for a time the chairman of the EEOC, a post now held by Jacqueline Berrien. Ishimaru prior to joining the commission ...

April 12, 2012

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HHS Proposes Health Plan ID Rules

The Department of Health and Human Services (HHS) plans to publish in the Federal Register on April 17 a proposed rule for implementing a requirement of the Patient Protection and Affordable Care Act (PPACA) to establish health plan IDs. The department, as a result of the rule, hopes to begin dishing out Health Plan Identifiers (HPID) on Oct. 1. HHS developed the HPID regulations to implement S...

April 11, 2012

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DC Appeals Court Rejects OSHA's Argument on When a Statute of Limitations Expires

The U.S. Court of Appeals for the District of Columbia Circuit has rejected the argument put forth by the Secretary of Labor that the six-month statute of limitations on an employers' failure to maintain injury and illness records extends each time the failure occurs. The case in point, AKM LLC, d/b/a Volks Constructors v. Secretary of Labor, involved the company's failure to maintain t...

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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.

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

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

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EEOC Issues New National Enforcement Plan Through 2029

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