Expert Compliance Insights & Tips for Businesses

February 22, 2012

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EEOC Sets Strategic Agenda for 2012-2016

In a public meeting today at agency headquarters, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Plan for Fiscal Years 2012-2016. The Strategic Plan establishes a framework for achieving the EEOC’s mission to stop and remedy unlawful employment discrimination, so that the nation might soon realize the Commission’s vision of justice and equality in the...

February 21, 2012

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DOL Extends Commentary Period on Home Health Care Workers' FLSA Coverage

The U.S. Department of Labor's Wage and Hour Division (WHD) has announced a 14-day extension of the comment period for its proposed rule to provide minimum wage and overtime protections for nearly 2 million workers who provide in-home care services. Currently, workers classified as "companions" are exempt from the Fair Labor Standards Act's (FLSA's) minimum wage and overti...

February 17, 2012

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DOL, California Enter into Agreement on Combatting Worker Misclassification

Nancy J. Leppink, deputy administrator of the U.S. Department of Labor's Wage and Hour Division (WHD), and California Secretary of Labor Marty Morgenstern have entered into a memorandum of understanding regarding the improper classification of employees as independent contractors. Leppink and California Labor Commissioner Julie A. Su hosted a press teleconference Feb. 9 during which they di...

February 16, 2012

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Expired FMLA Forms Approved for Continued Use by the OMB

The Department of Labor's model Family and Medical Leave Act (FMLA) forms expired on Dec. 31, 2011, due to provisions of the Paperwork Reduction Act, so they were resubmitted to the Office of Management and Budget (OMB) for continued use. The OMB has now granted their continued use through Feb. 28, 2015. No changes have been made to the forms, so even those with expired dates on them are ac...

February 15, 2012

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DOL Issues Guide to Green Jobs for Women

The Women's Bureau of the Department of Labor (DOL) has published a downloadable document to help women seeking entry into the nontraditional and innovative career paths of the 21st century entitled Why Your Color Is Green: A Woman's Guide to a Sustainable Career. “Many occupations in the clean energy economy remain virtually untapped by women," said Sara Manzano-Díaz,...

February 14, 2012

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DOL Clarifies Issues Regarding Automatic Enrollment in Health Plans

Commencing in January 2014, the Patient Protection and Affordable Care Act (PPACA) of 2010 requires that large employers automatically enroll all full-time employees in a health insurance plan while offering individual opt-out provisions. PPACA also requires the Secretary of Labor to issue final regulations on implementing this provision, and just this past week the Department of Labor (DOL) po...

February 13, 2012

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OSHA Imposes Enterprise-Wide Solution for Only the Second Time

The Occupational Safety and Health Administration (OSHA) has imposed only the second-ever enterprise-wide penalty and safety remedy mandate on DeMoulas Super Markets, a grocery chain of 60 stores also known as Market Basket. OSHA penalties and corrective mandates generally are applied just to single locations. OSHA inspectors, however, found “fall hazards from unguarded, open-sided work a...

February 9, 2012

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HHS Issues Final Regulations on Plain Language Health Insurance Summaries

The Department of Health and Human Services (HHS) today issued final regulations and sample templates for health insurers to follow in providing the Summary of Benefits and Coverage (SBC) mandated by the Patient Protection and Affordable Care Act (PPACA) of 2010. The SBCs will become available to consumers of private insurance no later than Sept. 23, 2012. “All consumers, for the first ti...

February 8, 2012

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OFCCP Extends Commentary Period for Proposed Rule on Hiring Disabled Workers

OFCCP Rehabilitation Act of 1973

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has announced a 14-day extension of the comment period for its proposed rule to revise regulations implementing Section 503 of the Rehabilitation Act of 1973, which obligates most federal contractors and subcontractors to ensure equal employment opportunity for qualified workers with disabilities. On Dec. ...

February 7, 2012

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ICE Eyes Triple Jeopardy for Past I-9 Offenders

Immigration and Customs Enforcement (ICE) officials are making repeat visits to past I-9 offenders to see if they've corrected their errors and are now in compliance with the employment eligibility verification process. If not, fines can be trebled. The revisits are to those companies whose I-9 audits revealed violations within the past three years. If a revisited company has not corrected ...

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