Expert Compliance Insights & Tips for Businesses

March 14, 2023
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Agency Releases Guidance on Paying Tipped Employees Under 80/20 Rule

This month, the U.S. Department of Labor (DOL) released guidance on paying tipped employees and those with dual jobs under the 80/20 rule. The guidance provides information on applying provisions under the Fair Labor Standards Act (FLSA) to tipped employees and those that perform dual jobs for the same employer. It also explains when an employer may claim a tip credit towards its minimum wage o...
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Agency Releases Guidance on Paying Tipped Employees Under 80/20 Rule-3-14-23

FTC Extends Comment Period for Proposed Non-Compete Agreements Ban

March 14, 2023
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Recently, the Federal Trade Commission (FTC) extended the public comment period for the proposed rule to ban employers from imposing non-compete agreements on employees. According to the FTC, such clauses constitute an unfair method of competition in violation of Section 5 of the Federal Trade Commission Act. The FTC will now accept comments on the proposed rule until April 19. The original dea...
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Good Faith Compliance 3/7/2023

Good-Faith Compliance May Prevent Penalties

March 7, 2023
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On February 27, the California Court of Appeal, 2nd District, announced a ruling involving wage penalties and “good faith compliance.”  Markedly, the decision was in response to a May 2022 California Supreme Court ruling on meal and rest break premiums. Generally, that ruling stated that premium payments owed under Labor Code section 226.7 for meal and rest breaks constitute “wages.” The Court ...
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Religious Exemption 3/7/2023

DOL Replaces Contractor Religious Exemption Rule

March 7, 2023
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On February 28, the Department of Labor’s (DOL’s) Office of Federal Contract Compliance Programs (OFCCP) released a memo on religious exemption. By and large, the document explains the rescission of a previous 2020 rule that applied religious exemption to federal contractors and subcontractors. That rule, “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exempt...
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Eyes injuries 3/7/2023

Employer Willfully Exposed Workers to Eye Hazards

March 7, 2023
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According to the Occupational Safety and Health Administration (OSHA), a Texas metal-plating company willfully exposed workers to eye injuries for over a decade. Markedly, the El Paso jewelry metal-plating finisher exposed workers to serious hazards. Such hazards include willfully failing to protect people working with dangerous acids and other chemicals. Previously, in January 2023, OSHA issue...
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February 28, 2023
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SCOTUS Rules on Overtime Exemptions for Highly Compensated Employees

On February 22nd, 2023, the U.S. Supreme Court (the Supreme Court) ruled that highly compensated employees who earn more than $200,000 a year but on a daily rate could be entitled to overtime pay. Although such an employee’s daily rate may even exceed the minimum weekly salary and duty requirements under the Fair Labor Standards Act (FLSA), a daily-pay structure would mean they were a non-exemp...
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February 28, 2023
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NLRB Rules Severance Agreements May Not Infringe Employee Rights

Recently, the National Labor Relations Board (NLRB) ruled that employers may not offer employees severance agreements that require them to broadly waive their employee rights under the National Labor Relations Act (NLRA). The NLRB reversed its earlier 2020 decision in Baylor University Medical Center and IGT d/b/a International Game Technology, which had broken from prior precedent, and previou...
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Agencies Release Final Rule on Changes to 2023 Form 5500, Form 5500-SF-2-28-23

Agencies Release Final Rule on Changes to 2023 Form 5500, Form 5500-SF

February 28, 2023
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Last week, the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC) released their final rule bringing changes to the 2023 Form 5500, Annual Return/Report of Employee Benefit Plans and Form 5500-SF Short Form. The final rule is the last phase to fully implement the agencies’ 2021 proposed regulations on Form 5500. Changes to the...
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February 21, 2023
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FLSA Protections Extended to Teleworkers

In February, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) issued guidance on applying the Fair Labor Standards Act (FLSA) to teleworkers. The guidance includes information on tracking hours and providing nursing breaks. In addition, it covers determining eligibility under the Family and Medical Leave Act (FMLA). While telework and remote work are often used interchangeabl...
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February 21, 2023
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OSHA Publishes Interim Final Rule to Protect Antitrust Whistleblowers

On February 10th, 2023, the Occupational Safety and Health Administration (OSHA) published an interim final rule on handling retaliation complaints by antitrust whistleblowers under the Criminal Antitrust Anti-Retaliation Act (CAARA). Briefly, the rule establishes procedures and timeframes for handling such complaints and is effective immediately. As part of the Biden Administration’s Executive...
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