Expert Compliance Insights & Tips for Businesses

February 8, 2010

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OSHA Set to Regulate Popcorn Butter

No word yet on what effect it will have on the popcorn you buy in the theater or microwave in a bag at home, but the Occupational Safety and Health Administration (OSHA) is set to regulate the use of diacetyl--the buttery-taste substance in commercial popcorn. Exposure to the chemical's fumes can cause a horribly debilitating disease called popcorn lung, or more accurately, bronchioli...

February 5, 2010

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In DOL/IRS Crosshairs: Independent Contractor Misclassifications

The Obama Administration's fiscal 2011 budget earmarks $25 million for a joint project by the Department of Labor (DOL) and Internal Revenue Service (IRS) to ferret out employers who abuse the tax code and the Fair Labor Standards Act (FLSA) by misclassifying as independent contractors those who actually qualify as employees. One of the tests to determine if an independent contractor should act...

February 4, 2010

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GINA Could Put Kibosh on Workplace Wellness Programs

The Genetic Information Nondiscrimination Act (GINA), which took effect Nov. 21, 2009, not only forbids employers and health insurers from collecting individuals' genetic information and using that in their decision-making; it also prohibits the solicitation of family medical histories, again to prevent discrimination in decision-making. As the Wall Street Journal recently pointed out, how...

February 1, 2010

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Pilgrim's Pride Settles Back Wage Claims for $1 Million

In an announcement this past Friday (Jan. 29, 2010), poultry processor Pilgrim's Pride said it had agreed to fork over $1 million in back and unpaid overtime wages, including an acknowledgment that it will henceforth pay workers for the time spent donning and doffing their uniforms and work-related gear. Though Pilgrim's Pride is a substantial operation, no company of any size is immune from un...

January 26, 2010

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Obamacare: How the Reconciliation Process Works

With the election of Scott Brown as the 41st Republican to prevent the full Senate from voting on health care reform, the Democrats are left with difficult choices to see their baby through. Some bloggers have written of a secret deal between Nancy Pelosi and Harry Reid by which the House would approve the Senate version and thus avoid any further filibuster-possible votes in the upper body, wh...

January 21, 2010

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Wild Edibles Settles Wage-and-Hour Dispute to Survive Alive

Brandworkers Wild Edibles

Wild Edibles, a Long Island City, N.Y.-based wholesale seafood purveyor that was forced into bankruptcy in July 2009, has settled with a wage-earners' group that led a successful boycott of the firm's provisioning by 70 Manhattan restaurants. The boycott was orchestrated by the nonprofit group Brandworkers, which alleged overtime and wage-and-hour violations by Wild Edibles and ended up securin...

January 20, 2010

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IRS to Audit 6,000 Firms on Worker Misclassification

independent contractors IRS

Strapped for cash, the Internal Revenue Service has announced plans to audit 6,000 businesses, both large and small, with a focus on worker misclassification, fringe benefits, reimbursed expenses, and executive compensation. If the IRS discovers personnel listed as independent contractors who are in fact company employees, the results could be costly. The firm could owe large sums in past ...

January 15, 2010

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Maine Floats Paid Sick Leave Law, Businesses Recoil

paid sick leave

First Congress proposed a paid sick leave policy for all the nation's businesses, but that initiative seems to have stalled behind some minor issues like health care reform and carbon transfers. Now Maine is getting into the act, and the proposal has state businesspeople up in arms, especially those who run small businesses. The bill was introduced by State Senate President Elizabeth Mitchell, ...

January 12, 2010

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Becker to Be Renominated to NLRB, Sources Say

Craig Becker NLRB

Though there's been no official announcement, the New York Times is reporting that the White House will renominate Craig Becker to the National Labor Relations Board (NLRB). Obama's original nomination of Becker was sent back by the U.S. Senate on Dec. 24, 2009, for reconsideration. Becker met a hailstorm of criticism from Republicans and business interests when he was first nominated, largely ...

January 11, 2010

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EEOC Warns About Background Checks and Hiring Decisions

background checks

When the Equal Employment Opportunity Commission (EEOC) in recent years noticed an increase in complaints about employment background checks and their effect on minorities, it unveiled its E-RACE (Eradicating Racism And Colorism from Employment) program. With adverse hiring decisions arising from background checks still hurting black and Latin applicants, the agency is reissuing its warning abo...

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