Expert Compliance Insights & Tips for Businesses

September 23, 2010

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Court Rules That Cancer, Even in Remission, Represents a 'Disability'

ADA ADAAA

In wake of the enactment of the Americans With Disabilities Amendments Act (ADAAA), with its broader and more vigorous definition of what constitutes a disability, the courts are now rendering decisions that reverse and/or contradict earlier decisions rendered pre-ADAAA. Case in point: In one of the first decisions to interpret the new Americans with Disabilities Act Amendments Act (ADAAA), the...

September 22, 2010

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ICE Targets 500 More Firms for I-9 Audits

I-9 ICE

On Sept. 15, Immigration and Customs Enforcement (ICE) officials sent out another 500 notices of inspection (NOIs) to businesses suspected of employing illegal immigrants. ICE agents will be auditing these firms' I-9 employment verification documents. Affected businesses were given three business days to prepare for the inspection, so the audits should already be under way. Fines for uncorrecte...

September 21, 2010

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EEO-1 Form Due to EEOC by Sept. 30

EEO-1 EEOC

Employers with 100 or more employees (or government contractors of $50,000 or more with 50 or more employees) are required to file an Employer Information Report (EEO-1) each year on Sept. 30 with the EEOC’s EEO-1 Joint Reporting Committee. The EEO-1 report includes data on protected class representation in various job categories. Filing is generally done through the Equal Employmen...

September 16, 2010

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EEOC Enforcing ADAAA Before Final Regs

ADA ADAAA EEOC

With three lawsuits already filed, the Equal Opportunity Employment Commission (EEOC) has begun "vigorously" (in its words) enforcing the Americans With Disabilities Amendments Act (ADAAA), this despite the fact that final regulations have yet to be issued for the ADAAA. According to the EEOC, the cases were all filed under the broader definition of "disability" created by t...

September 15, 2010

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Justice Publishes Final ADA Regs Effective March 15, 2011

The Department of Justice (DOJ) today (Sept. 16, 2010) published Final Regulations in the Federal Register for Titles II and III of 1990's Americans With Disabilities Act (ADA), but the regs do not incorporate any directives or interpretations stemming from the ADA Amendments Act of 2009. Those will come later. Title II deals with state and local governments while Title III concerns entities of...

September 9, 2010

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Restaurants Begin to Feel Heat of ICE Wrath

The nation's restaurant industry, which reportedly employs illegal immigrants for at least 20 percent of its back-of-the-house workforce, is suddenly coming under the purview of Immigration and Customs Enforcement (ICE) crackdowns, according to the New York Times. ICE is now holding employers' feet to the ground if it audits a workplace and finds illegal immigrants employed there. Previously, I...

September 1, 2010

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E-Verify Adds Photo Verification Option

E-Verify I-9 USCIS

Beginning this week, the United States Citizenship and Immigration Service (USCIS) is expanding the photo matching portion of its E-Verify program to include U.S. passports and driver’s license data. This change will be effective at the start of September and will give companies and organizations that use E-Verify the capability of comparing photos from an individual’s U.S. p...

September 1, 2010

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Safety the Number-One Concern of Today's Workers

Safety easily outranks wage-and-hour and other workplace issues among today's workers, according to a just-released study by National Opinion Research Center (NORC) at the University of Chicago. More than eight of ten workers—85 percent—rank workplace safety first in importance among labor standards, even ahead of family and maternity leave, minimum wage, paid sick days, overtime pa...

August 31, 2010

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Suspended Breach Notification Rule Remains in Effect

breach notification HIPAA HITECH PHI protected health information

Though on Aug. 4 it withdrew its Interim Final Rule regarding HIPAA security breach notifications, the Department of Health and Human Services (HHS) has since clarified on its Web site that the suspended rule of Sept. 23, 2009, remains in effect. "This is a complex issue and the Administration is committed to ensuring that individuals’ health information is secured to the extent poss...

August 25, 2010

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Wage-and-Hour Lawsuits Jam Court Dockets

Class action lawsuits now outnumber all other employment-based class actions combined, according to a recent study by ELT, a compliance consulting and training organization that recently surveyed 1,800 human resource specialists and senior level managers. More than one-third of the participating companies reported facing claims based on wage-and-hour disputes in 2010. As a result, more than hal...

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EEOC Rescinds Permissible Affirmative Action Guidance

On June 30, 2026, the Equal Employment Opportunity Commission (EEOC) officially rescinded two longstanding documents relating to permissible affirmative action. The documents were part of the EEOC's guidance on affirmative action under Title VII of the Civil Rights Act of 1964.

DOJ Challenges EEOC's Stance on Disparate Impact Claims

The U.S. Department of Justice (DOJ) recently issued a legal opinion that may signal major changes ahead in federal workplace discrimination enforcement. In a June 9, 2026 memorandum, the DOJ's Office of Legal Counsel (OLC) expressed the opinion that the Equal Employment Opportunity Commission's...

Department of Labor Issues 2026 Civil Penalty Update: No Adjustments This Year

The U.S. Department of Labor (DOL) recently published its annual update announcement regarding federal civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act. In a notice published in the Federal Register on May 27th, 2026, the DOL announced that no penalty increases...

U.S. Department of Labor Issues New Opinion Letters on Overtime Exemptions, Bonuses, and Compensable Time

On May 29th, 2026, the U.S. Department of Labor (DOL) released several new opinion letters addressing key wage & hour issues. Specifically, one of the four documents informed readers whether an exempt employee could perform additional work in a secondary role at an hourly rate and still be eligible...

EEOC Issues New National Enforcement Plan Through 2029

On June 4th, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) released a new 2025-2029 National Enforcement Plan (NEP). The NEP sets the EEOC’s specific subject-matter priorities from June through fiscal year 2029.

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