Expert Compliance Insights & Tips for Businesses

January 15, 2020

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OSHA Penalties to Rise Tomorrow

According to the Inflation Adjustment Act, the Department of Labor (DOL) and its Occupational Safety and Health Administration (OSHA) each year have until Jan. 15 to adjust their penalties for inflation. Accordingly, increased penalties will take place tomorrow, Jan. 16, 2020. The new 2020 maximum OSHA penalties are as follows: Other-than-Serious: $13,494 (increased from $13,260) Ser...

January 12, 2020

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DOL Publishes Joint Employer Final Rule

The Department of Labor (DOL) today announced a final rule to update the regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). The regulations have not been meaningfully updated in more than 60 years. Eugene Scalia, Secretary of Labor Under the FLSA, an employee may have, in additi...

SECURE Act to Benefit Small Employers

January 8, 2020

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retirement plans

The SECURE Act (Setting Every Community Up for Retirement Enhancement Act) became law as part of the year-end federal budget package signed by President Trump in December, and looks to be the most important piece of retirement legislation in a decade or more. The SECURE Act will help businesses adopt retirement plans.

Trader Joe's Sued Over Excessive Fees in 401(k) Plan

January 8, 2020

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Trader Joe's, the iconic food retailer, has been sued over its retirement plan by former employees who claimed to have lost millions of dollars through the company's mismanagement of their funds. Trader Joe's, Pasadena, Calif. At issue is the fee charged annually for the maintenance of each account. The plaintiffs' l...

January 5, 2020

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Blue States Ask Supreme Court to Review ACA Ruling

UPDATE: On Jan. 7, the Supreme Court set a Friday afternoon deadline for ACA opponents to respond to the Blue State coalition's request to expedite the case to be resolved before the November 2020 election. Led by California, a coalition of 20 Blue State attorneys general (AGs), plus the District of Columbia, has petitioned the Supreme Court to review the December decision by the 5th U.S. Ci...

New Overtime Rule Takes Effect Today

December 31, 2019

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New Year's Day ushers in a new Department of Labor (DOL) overtime rule, which raises the salary exemption threshold from $23,660 a year to $35,568, or from $455 a week to $684. Those employees making less than that new amount are eligible for overtime pay. According to a DOL senior official, the new exemption threshold will make an additional 1.3 million workers eligible for overtime come 20...

December 18, 2019

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Individual Mandate Unconstitutional, Rest of Obamacare in Hands of Texas District Judge

The 5th U.S. Circuit Court of Appeals today ruled unconstitutional the individual mandate portion of the Affordable Care Act (ACA, or Obamacare), but left the fate of its other provisions in the hands of a Texas judge, who in December 2018 ruled the entire law unconstitutional. Judge Reed O'Connor "The most straightf...

NLRB Ends 5-Year Battle Over McDonald's Status as Joint Employer

December 13, 2019

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The National Labor Relations Board (NLRB) has ordered an administrative law judge (ALJ) to accept a settlement offered by McDonald's USA, LLC in a case involving employees at Illinois franchises fired for their efforts in Fight for $15 picketing. The Obama-era NLRB and its general counsel supported the lawsuit, claiming the corporation was a joint employer liable for actions by its franchise...

December 12, 2019

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DOL Issues Final Rule on Regular Rate of Pay

The Department of Labor has announced a final rule that will allow employers to more easily offer perks and benefits to their employees. The rule released today marks the first significant update to the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) in over 50 years. Those requirements define what forms of payment employers include and exclude in th...

December 4, 2019

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Locked in a Freezer for Retaliation: Chipotle Must Pay

This from the National Law Review website (sounds pretty bizarre): Austin Melton, a manager at a San Jose Chipotle store who was 22 years old at the time, was forced to endure pervasive verbal and physical harassment by his female supervisor. His supervisor propositioned Melton and his then-girlfriend for sex, touched him inappropriately, and posted a "scoreboard" in the main office to track t...

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DOJ Challenges EEOC's Stance on Disparate Impact Claims

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