Expert Compliance Insights & Tips for Businesses

Restaurant Fined $867K For Overtime Violations, Stealing Tips-4-26-22

The Five Basic Steps in the Reasonable Accommodation Process

April 26, 2022
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Knowing how to respond to a request for disability accommodation under the Americans with Disabilities Act (ADA) and/or any applicable state or local laws and initiate the reasonable accommodation process is crucial for employers. After all, relatively new, persistent health problems are emerging that can qualify as disabilities under federal law. For example, the federal government now recogni...
DOL Recovers Over $500K in Recent Employment Law Violations-4-19-22

Labor Department Issues Racial Equity Action Plan

April 19, 2022
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On April 14th, 2022, the U.S. Department of Labor (DOL) issued its Equity Action Plan. In brief, the Equity Action Plan provides an overview of the DOL’s support for marginalized, vulnerable, and underserved communities. Additionally, it covers steps the DOL continuously takes to advance equity. The DOL’s Equity Action Plan follows the Biden administration’s Executive Order 13985 on Advancing R...
April 19, 2022
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OSHA's National Emphasis Program to Prevent Heat-Related Illnesses

The Occupational Safety and Health Administration (OSHA) recently launched the first National Emphasis Program (NEP) to prevent heat-related illnesses and injuries. Secretary Marty Walsh and Vice President Kamala Harris announced the NEP at the Sheet Metal Workers Local 19 Training Center in Philadelphia. In brief, the NEP will add a targeted enforcement campaign to OSHA’s existing heat-related...
April 19, 2022
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DOL Recovers $500K in Labor Law Violations

Recently, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) recovered over $500K in employment law violations across three companies. Federal investigations uncovered numerous overtime and other wage and hour violations. The WHD recovered back wages and other penalties in each case. In addition, one investigation revealed alleged child labor violations. Undoubtedly, the DOL co...
ADA Addresses Discrimination of People Undergoing Treatment for OUD-4-12-22

ADA Addresses Discrimination of People Undergoing Treatment for OUD

April 12, 2022
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The U.S. Department of Justice (DOJ) recently released guidance on how the Americans with Disabilities Act (ADA) covers people undergoing treatment for drug addiction amid an ongoing opioid crisis. Specifically, the guidance addresses how the ADA prohibits discrimination against individuals who are in recovery from opioid use disorder (OUD). It focuses on those not currently engaged in illegal ...
April 12, 2022
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NLRB Memo on Captive Audience Meetings

On April 7th, 2022, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum asking the NLRB to find mandatory captive audience meetings a violation of the National Labor Relations Act (NLRA). In brief, captive audience meetings are mandatory meetings during work hours through which employers inform employees of statutory labor rights. Specifically, this ca...
April 12, 2022
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Illegal Pay Practices at Three Companies Result in Penalties of $2M

Recently, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) found that three customs warehouses (the employers) in the San Diego, CA, area were engaged in illegal pay practices. Specifically, WHD investigators found that the employers were paying workers in Mexican pesos. However, the rate was the equivalent of as little as $2.50 an hour. Indeed, this constituted a violation o...
April 6, 2022
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EEOC to Include Non-Binary Gender Option on Charge Intake Forms

On March 31st, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will add a non-binary gender option to its discrimination charge intake forms. Specifically, the non-binary gender “X” marker will be included in voluntary self-identifica...

April 6, 2022
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WHD Recovers $538K to Resolve a Company’s Overtime Violations

Recently, the U.S. Department of Labor (DOL) recovered $538K in back wages and other damages from an aviation maintenance and repair staffing agency in overtime violations. The staffing agency supplies aviation repair workers to nationwide airline companies. The DOL’s Wage and Hour Division (WHD) found that the staffing agency illegally reduced pay rates during overtime hours. Indeed, the WHD c...
WHD Recovers $538K to Resolve a Company’s Overtime Violations-4-6-22

OSHA's Program Will Track Failures to Submit Injury and Illness Data

April 6, 2022
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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced on April 5th, 2022, that it is beginning an enforcement program to identify employers who fail to electronically submit annual workplace injury and illness data. Specifically, the program will target employers who did not submit Form 300A data through the online Injury Tracking Application (ITA). OSHA ...