Expert Compliance Insights & Tips for Businesses

September 14, 2020

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OSHA Continues COVID Violation Penalties

In July 2020, the U.S. Occupational Safety and Health Administration (OSHA) cited a workplace for failing to protect employees from the coronavirus. This was the first coronavirus-related fine levied by OSHA. According to the agency, the healthcare company was in violation of two respiratory protection standards: failing to develop a comprehensive written respiratory protection program; an...

September 8, 2020

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Federal Agency Updates COVID-19 Guidance Including Testing Guidelines

In March 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various Frequently Asked Questions (FAQs) concerning COVID-19 issues. Since the original release, the FAQs have been updated on a near-monthly basis with new additions. Overall, the guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the A...

September 7, 2020

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California Expands List of Independent Contractor Classifications

On September 4th, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 2257 into law, modifying AB 5, which was originally created to determine who can be considered a contractor and who can be considered an employee. The new, modified version of the law took effect immediately and provides flexibility to such employment fields as freelance writers, musicians, film support crews,...

September 4, 2020

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Fifth Circuit Court of Appeals Rules on Regular Rate of Pay Burden

On September 2nd, 2020, the Fifth Circuit Court of Appeals ruled that employees, not employers, bear the burden of proof on whether bonuses should be included in the “regular rate of pay” for purposes of calculating overtime compensation under the Fair Labor Standards Act (FLSA). Background on Court Case In Edwards v. 4JLJ, L.L.C., the plaintiffs alleged that their employer failed to account ...

September 4, 2020

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IRS Issues Guidance on Social Security Tax Withholding Deferral

On August 28th, 2020, the Department of Treasury and Internal Revenue Service (IRS) issued guidance implementing a Presidential Memorandum (Memo) issued on August 8th, 2020. Created in response to the COVID-19 pandemic, the Memo allows employers to defer withholding and payment of the employee's portion of the Social Security tax if the employee's wages are below a certain amount. Background o...

September 2, 2020

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California State Court: ADA Can Apply to Online-Only Businesses

On August 11th, 2020, California Superior Court Judge Gregory Keosian refused to dismiss a lawsuit filed against an online-only video game retailer. The complaint, initially filed In December 2019 by Abelardo Martinez, Jr. alleged that Epic Games does not operate an accessible website per Web Content Accessibility Guidelines (WCAG) accessibility standards. The WCAG standards are recommendations...

September 1, 2020

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Department of Labor Answers FAQs About Childcare & the FFCRA

As summer winds down, families dealing with the ramifications of the coronavirus pandemic may now be faced with issues brought about by the beginning of a new school year. Some schools have reopened with full-time in-person classes; others have adopted full-time remote learning. Additionally, some schools have opted to create a hybrid model that mixes the two. In another example, some schools a...

August 24, 2020

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Department of Labor Issues Rule Providing Access to Agency Guidance

On August 21st, 2020, the U.S. Department of Labor (DOL) announced the publication of its Promoting Regulatory Openness through Good Guidance Rule (PRO Good Guidance Rule). The rule, which implements Executive Order 13891 (Promoting the Rule of Law through Improved Agency Guidance Documents) seeks to create fairer procedures for the issuance and use of regulatory guidance at the DOL. The releas...

August 21, 2020

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Guidance Released on Employers’ Obligations to Track Teleworker Hours

Since the beginning of the global COVID-19 pandemic, many employers have started telework arrangements with their workers. These arrangements have included allowing workers to work from home to meet government stay-at-home and social distancing orders. On August 24th, 2020, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) issued guidance entitled Field Assistance Bulletin 202...

August 19, 2020

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Following Notice Requirements with a Remote Workforce

On August 17th, 2020, the website HR Dive published a question from an employer regarding an issue that many workplaces are currently facing. More specifically, the employer stated that their entire company is working remotely during the COVID-19 pandemic; do they still have to follow government agency notice requirements? Posting Notices During COVID-19 Even though employees may be working f...

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