Expert Compliance Insights & Tips for Businesses

September 14, 2022
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Institution to Pay a $131.8M Retirement Settlement in ERISA Violations

This week, the U.S. Department of Labor (DOL) announced a settlement in an Employee Retirement Income Security Act of 1974 (ERISA) case where Wells Fargo will pay $131.8 million for ERISA violations. According to the DOL investigation, Wells Fargo, Wells Fargo Bank, and GreatBanc Trust Company (a plan trustee) caused the company’s dedicated plan fund to overpay for company stock purchased for i...
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Institution to Pay a $131.8M Retirement Settlement in ERISA Violations-9-14-22

What Employers Should Know About the California Privacy Rights Act

September 14, 2022
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The California Privacy Rights Act, which passed in 2020, will go into effect at the beginning of 2023 and will give employers additional compliance obligations in the workplace. The comprehensive data protection and privacy law protects employees and applicants of covered employers within California. Covered employers will need to reassess how they handle employee data and implement new or upda...
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NLRB Releases Proposed Joint Employer Rule

NLRB Releases Proposed Joint Employer Rule

September 7, 2022
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This week, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM) addressing the joint employer rule. Overall, the NPRM proposes to rescind and replace the joint employer rule that took effect on April 27th, 2020. In effect, the proposed changes would ground the rule in established common-law agency principles. It would be consistent with previous NLRB precede...
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Bank to Pay $22M in Whistleblower Retaliation Lawsuit

Bank to Pay $22M in Whistleblower Retaliation Lawsuit

September 7, 2022
156 view(s)
On September 1st, 2022, the Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) announced a ruling in a whistleblower retaliation lawsuit. In summary, OSHA found that Wells Fargo violated the whistleblower protection provisions of the Sarbanes-Oxley Act. Markedly, the agency found the financial institution improperly terminated a Chicago area-based senior manager ...
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CA Improves Laws for Fast Food Workers

CA Improves Laws for Fast Food Workers

September 7, 2022
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This week, California Governor Gavin Newsom announced landmark legislation to empower fast food workers. Known as AB 257, the Fast Food Accountability and Standards Recovery Act (Act) authorizes the creation of the Fast Food Council (Council). Specifically, the Council is comprised of representatives from labor and management and sets minimum standards for fast food workers. Previously, a Calif...
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August 30, 2022
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DOL Initiative Finds H-2B Visa Program Violations

The U.S. Department of Labor's (DOL's) Wage and Hour Division (WHD) recently announced that it recovered over $1 million in back wages for H-2B visa program violations. Between October 2019 and March 2022, the WHD conducted 73 separate H-2B investigations in eight states. In a similar WHD investigation involving immigrant workers in April 2022, three companies were hit with a total of $2 millio...
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August 30, 2022
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Legal Update: Off-Duty Marijuana Use

Two recent legal developments affect employers with cannabis users in the workplace and further complicate the legality of off-duty marijuana use. The developments give opposing insights into the direction other states will take on the issue of off-duty marijuana use. Earlier this month, the Supreme Court of Nevada (the Court) upheld a district court’s dismissal of a lawsuit involving off-duty ...
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DOL Initiative Finds H-2B Visa Program Violations-8-30-22

Court Clarifies FMLA Employee Notice Rules

August 30, 2022
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Earlier this month, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) interpreted the Family and Medical Leave Act (FMLA), stating that a jury would decide whether Facebook messages satisfy FMLA employee notice requirements. The Fourth Circuit’s opinion follows a case in which an employer fired an employee while they were on job-protected leave under the FMLA. Specifically, ...
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August 23, 2022
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Federal Court Rules in Union Retaliation and Wrongful Termination Case

On August 18th, 2022, a U.S. District Judge for the District Court of Western Tennessee (the Court) issued an injunction against a Memphis, Tennessee Starbucks in a retaliation and wrongful termination case involving employees engaged in union activities. The National Labor Relations Board (NLRB) had earlier petitioned the Court for temporary injunctive relief to stop the unfair labor practices...
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August 23, 2022
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Fourth Circuit Rules Gender Dysphoria is a Disability Under the ADA

On August 16th, 2022, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) ruled that gender dysphoria is a disability under the Americans with Disabilities Act (ADA). The Fourth Circuit hears appeals in the states of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The ruling reversed an earlier Virginia trial court’s decision to dismiss a lawsuit brought...
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DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know
DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know

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