Expert Compliance Insights & Tips for Businesses

May 4, 2011
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EEOC Seeks to Bundle Discrimination Claims as 'Class Charges'

In an approach similar to class-action lawsuits, the Equal Employment Opportunity Commission (EEOC) is now pursuing what it calls Class Charges—disability and age discrimination claims that deal with multiple employees in one location or spread out geographically. The institution of a Class Charge is simple enough: When employees file claims for disability or age discrimination (or for an...
May 3, 2011
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DOL Internship Standard Challenged in Court

Calling the Department of Labor's Fact Sheet #71—"Internship Programs Under the Fair Labor Standards Act"—"a poor method" and "overly rigid and inconsistent," the 6th Circuit Court of Appeals has ruled in favor of a for-profit nursing home that relied in part on interns to run its operations. The Labor Department issued a six-factor test to determin...
April 28, 2011
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OSHA Celebrates 40th Anniversary Today

The Occupational Safety and Health Administration (OSHA) was signed into law 40 years ago today (April 28, 2011) by then-President Richard Nixon. In a ceremony marking the anniversary, OSHA head David Michaels noted that, at the time of signing, 14,000 Americans were dying on the job every year, a number that has been reduced to 4,400 through OSHA regulations and oversight, he added. "The ...
April 27, 2011
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NLRB Expands Protected Concerted Activity Scope

Section 7 of the National Labor Relations Act (NLRA) extends workplace safeguards to employees' "protected concerted activity" in discussing wages, hours and working conditions, a protection that was generally thought to be confined to union organizing. Thus if a worker were fired for discussing a union issue with other employees, that could be considered a violation of the NLRA, ...
April 26, 2011
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New Jersey Bans Help Wanted Ads That Shun the Unemployed

The Equal Employment Opportunity Commission (EEOC) earlier  this year held a series of meetings to look into the issue of businesses' refusing to hire the unemployed and blatantly announcing so in their help wanted advertisements. Now, New Jersey has taken matters into its own hands and outlawed ads that exclude the unemployed, whether the ads appear online or in print. The penalty for...
April 25, 2011
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DOL Seeking Comments on Electronic Disclosure Rules

Under a 2002 electronic safe harbor rule, benefit plan administrators can use electronic delivery methods for summary plan descriptions, benefit statements, administrative forms, annual notices and the like. However, the safe harbor places various restrictions on the use of electronic delivery. For instance, merely posting the information on an intranet site is not deemed sufficient, but sendin...
April 22, 2011
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Wage, Hour, Overtime Settlements Fall in Dollar Value But Rise in Frequency

Wal-Mart is all over the news as the U.S. Supreme Court decides whether to let a massive class-action, gender-discrimination lawsuit with the potential for a multi-million-dollar judgment to go forward. Meanwhile, NERA Economic Consulting has pored through public records of 187 settlements based on wage-and-hour violations from 2007 to 2010 and found that, though the average dollar value of the...
April 21, 2011
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Free-Choice Voucher and 1099 Reporting Ended

The law that President Obama signed this month to eliminate 1099 reporting under the Patient Protection and Affordable Care Act (PPACA) also eliminated the "Free Choice Voucher" component of the health care act. Free Choice Vouchers were to be made available to employees who earned less than 400 percent of the poverty line and whose contribution to employer-sponsored health insurance ...
April 19, 2011
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Social Security Administration Resumes Sending No-Match Letters

The Social Security Administration (SSA) has resumed its practice of sending no-match letters to notify employers when any of their employees' submitted Social Security numbers do not correspond to a valid number on record. The SSA temporarily stopped issuing the letters in 2009 when the Department of Homeland Security (DHS), under pressure from both unions and business groups, withdrew its...
April 15, 2011
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PPACA Requirement for 1099 Reporting Axed

Congress has passed and President Obama has signed legislation to repeal a much-loathed provision of the Patient Protection and Affordable Care Act (PPACA) that would have required the issuance of an IRS form 1099 for every expenditure of $600 or more. The mandate would have kicked in on Jan. 1, 2012, but HR4 amended PPACA to eliminate the requirement. In practice the provision would have force...