Expert Compliance Insights & Tips for Businesses

March 28, 2023
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OSHA Discusses 2023 Enforcement Priorities, Increased Inspections

This month, officials from the U.S. Department of Labor (DOL) discussed the Occupational Safety and Health Administration’s (OSHA’s) 2023 enforcement priorities. OSHA revealed its plan at an American Bar Association conference on occupational safety. Discussions centered around increased enforcement of workplace safety and illness prevention, as well as whistleblower protections. Earlier, OSHA ...
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EEOC Adjusts Penalty for Failing to Post Required Notices-3-28-23

Staffing Company to Pay Over $2.6M in Gender Discrimination Lawsuit

March 28, 2023
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On March 24th, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a Maryland staffing company will pay more than $2.6 million to settle a gender discrimination lawsuit. The EEOC obtained the default judgment in the U.S. District Court for the District of Maryland, Northern Division. Briefly, the lawsuit alleged that the company excluded female workers from specific job...
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March 21, 2023
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EEOC Releases its 2022 Annual Performance Report and Litigation Stats

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2022 Annual Performance Report (APR). The APR contains the EEOC’s program results, accomplishments, and management challenges for the fiscal year 2022.  Overall, it presents the current results of EEOC efforts in its broader mission to prevent employment discrimination under Title VII of the Civil Rights Act of 1964. ...
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March 21, 2023
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IRS Warns of Employee Retention Credit Tax Scams in its Annual List

On March 20th, 2023, the Internal Revenue Service (IRS) opened its annual list of tax scams with a warning about fake Employee Retention Credit (ERC) schemes. The agency’s annual list, named the “Dirty Dozen,” includes 12 common fraudulent tax schemes taxpayers may encounter that year. Generally, these schemes peak during the filing season. The IRS publishes the Dirty Dozen list to protect taxp...
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OSHA Finds Exposure to Chemical Inhalation Hazards at Waste Company

OSHA Finds Exposure to Chemical Inhalation Hazards at Waste Company

March 21, 2023
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Recently, investigators from the Occupational Safety and Health Administration (OSHA) found that an oil and gas waste company in Texas failed to protect workers from chemical inhalation hazards. Subsequently, an employee suffered fatal exposure to hydrogen sulfide while on the job in September 2022. In sum, investigators cited the company for six serious safety and health violations. Violations...
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March 14, 2023
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DOL Issues Final Rule on Whistleblower Retaliation Complaints

On March 10th, 2023, the U.S. Department of Labor (DOL) issued a final rule on handling complaints of whistleblower retaliation. Specifically, the final rule adopts the procedures and time frames for handling employee retaliation complaints stated under the Taxpayer First Act (TFA). The final rule also mirrors the procedures and time frames established in the Occupational Safety and Health Admi...
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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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