Expert Compliance Insights & Tips for Businesses

April 14, 2011

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DHS to Publish Form I-9 Final Rule Tomorrow

The Department of Homeland Security (DHS) is poised to publish its final rule concerning documents acceptable to verify employment eligibility on the federal Form I-9, which is used to establish a person's legal right to work in the United States. The final rule, which will be published tomorrow (April 15) in the Federal Register, adopts the wording and intent of the department's interi...

April 13, 2011

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Data Breaches Impact 10M Americans

Breach Notification Rule HIPAA HITECH

The Office of Civil Rights (OCR), the unit of the Department of Health and Human Services (HHS) responsible for monitoring health information breaches, recently reported that the total number of Americans affected by large data breaches has surpassed 10 million individuals. With the enactment of the Health Information Technology for Economic and Clinical Health Act (HITECH) and its Breach Notif...

April 11, 2011

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Jury Rejects DOL Interpretation in Case

exempt employees non-exempt employees overtime

In March 2010 the Department of Labor (DOL) issued an Administrator's Interpretation (AI) declaring that mortgage loan officers are hourly workers subject to overtime pay and not exempt employees on a salary or commission schedule. Just this past month, however, a federal jury concluded that 350 mortgage loan officers employed by Quicken Loans are indeed exempt employees and do not deserve ...

April 8, 2011

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New York Wage Theft Prevention Act Takes Effect Tomorrow

New York Wage Theft Prevent Act

The New York Wage Theft Prevention Act takes effect tomorrow, April 9, 2011, tasking employers with new record-keeping and wage notification mandates as well as increasing civil and criminal penalties for pay violations. Under the law, employers must notify employees of their pay information on three separate occasions: at the time of being hired, at least seven calendar days prior to the time ...

April 5, 2011

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DOL Issues Final Rule to Consolidate Changes to FLSA

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today published a Final Rule in the Federal Register to consolidate amendments and update the content of the Fair Labor Standards Act (FLSA) of 1938. These "clean-up regulations" take into account amendments to the FLSA passed as far back as 1974, though many are more recent. The Final Rule, which goes into effect 60 da...

April 4, 2011

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OSHA Lists Top Ten Citations from 2010

OSHA OSHA Act safety violations

The Occupational Safety and Health Administration (OSHA) recently published its list of Top Ten Citations for 2010, with this explanation: "OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addresses in these and other standards before OSHA shows up." The list: 1926.451 - Scaffolds 1926.501 - F...

April 1, 2011

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NIOSH Sets Goals for Healthy People 2020

Healthy People 2020 HHS I2P2 NIOSH OSHA

The National Institute for Occupational Safety and Health (NIOSH), the wing of the Centers for Disease Control (CDC) charged with workplace health issues, has come out with its list of objectives for Healthy People 2020, a program launched by the Department of Health and Human Services (HHS). Among the objectives are to reduce work-related deaths from injuries from 4.0 per 100,000 to 3.6, reduc...

March 31, 2011

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Milwaukee Sick Leave Law Back On After Court Ruling

Milwaukee Milwaukee paid sick leave paid sick leave

In November 2008 voters in Milwaukee, Wisc., approved a landmark paid sick leave initiative for employees working within the city. A subsequent legal challenge by a local business association got the measure ruled unconstitutional on technical law-writing grounds. Then, just a week ago the Wisconsin Court of Appeals reversed the original court decision, placing the law back on the books. The ca...

March 28, 2011

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SCOTUS to Hear Walmart Discrimination Case

Supreme Court Wal-Mart

The United States Supreme Court will begin hearing arguments in the long-simmering Wal-Mart sex discrimination lawsuit tomorrow morning (March 29, 2011). The nine justices will weigh whether the class action certification in the case of Wal-Mart Stores Inc. v. Dukes is justified under federal rules. Wal-Mart is arguing that monetary relief, as opposed to injunctive relief, is not available unde...

March 25, 2011

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ACA Claims Procedure Deadline Extended

ACA DOL HHS PPACA

The Departments of Labor, Health and Human Services and Treasury keep extending the compliance deadline of a provision of the Patient Protection and Affordable Care Act (PPACA) affecting non-grandfathered health insurance plans. PPACA originally set the deadline for Jan. 1, 2011, but before that date even rolled around, it was extended to July 1, 2011. On March 18 the deadline was extended once...

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