Expert Compliance Insights & Tips for Businesses

March 4, 2021

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UPDATED: Independent Contractor Final Rule Effective Date Delayed

Updated March 4th, 2021 – (Originally Posted February 16th, 2021) The U.S. Wage and Hour Division (WHD) has issued a delay to the effective date of the Independent Contractor Final Rule. Namely, the rule clarifies the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). On March 4th, 2021, the Department of Labor (DOL) issued guidance postponi...

Department of Labor Clarifies Benefit Plan Deadlines During COVID-19

March 2, 2021

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In late February, the Department of Labor’s (DOL's) Employee Benefits Security Administration (EBSA) issued Notice 2021-01 regarding benefit plan deadlines. Specifically, the notice provides guidance on the duration of COVID-19-related deadline extensions first provided by the EBSA back in 2020. That relief was part of Notice 2020-1 and a Joint Notice provided by the DOL, Treasury Department, a...

Fiscal Year 2020 Enforcement Data Released by EEOC

March 1, 2021

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On February 26th, 2021, the Equal Employment Opportunity Commission (EEOC) released their fiscal year 2020 enforcement data. Specifically, the release includes a breakdown for the 67,448 charges of workplace discrimination received in Fiscal Year 2020. Earlier, the EEOC issued their FY 2020 performance report, announcing a record amount of recovery for workplace discrimination victims. Overvie...

Health FSAs and Dependent Care Assistance

IRS Issues Notice on Health and Dependent Care Assistance Programs

February 26, 2021

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On February 18th, 2021, the Internal Revenue Service (IRS) released a new notice covering health and dependent care assistance programs. Under this notice, employee benefit plans offering health flexible spending arrangements (FSAs) or dependent care assistance programs have greater flexibilities. These changes occurred under the COVID-related Taxpayer Certainty and Disaster Tax Relief Act of 2...

Biden Administration Expands PPP Eligibility for Small Businesses

February 23, 2021

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On February 22nd, the White House announced updates to the Paycheck Protection Program (PPP) involving PPP eligibility for small businesses. For example, in the new fact sheet (Fact Sheet), the Biden Administration (Administration) outlines a proposal that includes the following: a period of exclusive access to the program for very small businesses; modifying the loan amount calculation...

February 22, 2021

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E-Verify Records Before 2011 to Be Deleted

The U.S. Department of Homeland Security (DHS) has announced the upcoming annual disposal of E-Verify employment records. Released on the E-Verify website, the alert announces the upcoming destruction of records that are more than 10 years old. Accordingly, on May 14th, 2021, E-Verify employment records dated on or before December 31st, 2010, will no longer be available. Recently, the DHS annou...

February 19, 2021

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OSHA to Probe Whistleblower Complaints

Recently, the Department of Labor (DOL) announced that the Occupational Safety and Health Administration (OSHA) would investigate additional types of whistleblower complaints. Specifically, these whistleblower complaints allege retaliation under the Anti-Money Laundering Act of 2020 (AMLA) and the Criminal Antitrust Anti-Retaliation Act. This release comes after OSHA announced that the agency h...

February 16, 2021

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SBA Takes Steps to Improve Paycheck Protection Program

On February 10th, 2021, the U.S. Small Business Administration (SBA) announced new steps to improve the Paycheck Protection Program (PPP). According to the SBA, these updates allow small businesses to access PPP funds to stay afloat through the pandemic. The updates mostly include increasing access to underserved small businesses; assuring program integrity; and promoting rapid and efficient di...

February 16, 2021

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Investment Advice Exemption Rule Now in Effect

On February 16th, 2021, new fiduciary investment advice guidelines issued by the U.S. Department of Labor (DOL) went into effect. Enforced by the Employee Benefits Security Administration (EBSA), the rule follows the guidelines explained within Prohibited Transaction Exemption 2020-02. This final rule comes after the DOL issued a rule on employee benefit plan rights. The Biden administration...

February 15, 2021

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CDC Updates COVID-19 Guidance on Masks, Vaccinations, and Quarantines

Since early February, the Centers for Disease Control and Prevention (CDC) has updated its COVID-19 guidance pertaining to exposure and containment. Specifically, the updated content has to do with mask protection, when to quarantine, and the use of vaccines. The th...

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