Articles by PC Editorial Staff

EEOC Adjusts Penalty for Failing to Post Required Notices-3-28-23

Staffing Company to Pay Over $2.6M in Gender Discrimination Lawsuit

March 28, 2023
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On March 24th, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a Maryland staffing company will pay more than $2.6 million to settle a gender discrimination lawsuit. The EEOC obtained the default judgment in the U.S. District Court for the District of Maryland, Northern Division. Briefly, the lawsuit alleged that the company excluded female workers from specific job...
March 21, 2023
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EEOC Releases its 2022 Annual Performance Report and Litigation Stats

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2022 Annual Performance Report (APR). The APR contains the EEOC’s program results, accomplishments, and management challenges for the fiscal year 2022.  Overall, it presents the current results of EEOC efforts in its broader mission to prevent employment discrimination under Title VII of the Civil Rights Act of 1964. ...
March 21, 2023
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IRS Warns of Employee Retention Credit Tax Scams in its Annual List

On March 20th, 2023, the Internal Revenue Service (IRS) opened its annual list of tax scams with a warning about fake Employee Retention Credit (ERC) schemes. The agency’s annual list, named the “Dirty Dozen,” includes 12 common fraudulent tax schemes taxpayers may encounter that year. Generally, these schemes peak during the filing season. The IRS publishes the Dirty Dozen list to protect taxp...
OSHA Finds Exposure to Chemical Inhalation Hazards at Waste Company

OSHA Finds Exposure to Chemical Inhalation Hazards at Waste Company

March 21, 2023
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Recently, investigators from the Occupational Safety and Health Administration (OSHA) found that an oil and gas waste company in Texas failed to protect workers from chemical inhalation hazards. Subsequently, an employee suffered fatal exposure to hydrogen sulfide while on the job in September 2022. In sum, investigators cited the company for six serious safety and health violations. Violations...
March 14, 2023
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DOL Issues Final Rule on Whistleblower Retaliation Complaints

On March 10th, 2023, the U.S. Department of Labor (DOL) issued a final rule on handling complaints of whistleblower retaliation. Specifically, the final rule adopts the procedures and time frames for handling employee retaliation complaints stated under the Taxpayer First Act (TFA). The final rule also mirrors the procedures and time frames established in the Occupational Safety and Health Admi...
March 14, 2023
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Agency Releases Guidance on Paying Tipped Employees Under 80/20 Rule

This month, the U.S. Department of Labor (DOL) released guidance on paying tipped employees and those with dual jobs under the 80/20 rule. The guidance provides information on applying provisions under the Fair Labor Standards Act (FLSA) to tipped employees and those that perform dual jobs for the same employer. It also explains when an employer may claim a tip credit towards its minimum wage o...
Agency Releases Guidance on Paying Tipped Employees Under 80/20 Rule-3-14-23

FTC Extends Comment Period for Proposed Non-Compete Agreements Ban

March 14, 2023
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Recently, the Federal Trade Commission (FTC) extended the public comment period for the proposed rule to ban employers from imposing non-compete agreements on employees. According to the FTC, such clauses constitute an unfair method of competition in violation of Section 5 of the Federal Trade Commission Act. The FTC will now accept comments on the proposed rule until April 19. The original dea...
February 28, 2023
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SCOTUS Rules on Overtime Exemptions for Highly Compensated Employees

On February 22nd, 2023, the U.S. Supreme Court (the Supreme Court) ruled that highly compensated employees who earn more than $200,000 a year but on a daily rate could be entitled to overtime pay. Although such an employee’s daily rate may even exceed the minimum weekly salary and duty requirements under the Fair Labor Standards Act (FLSA), a daily-pay structure would mean they were a non-exemp...
February 28, 2023
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NLRB Rules Severance Agreements May Not Infringe Employee Rights

Recently, the National Labor Relations Board (NLRB) ruled that employers may not offer employees severance agreements that require them to broadly waive their employee rights under the National Labor Relations Act (NLRA). The NLRB reversed its earlier 2020 decision in Baylor University Medical Center and IGT d/b/a International Game Technology, which had broken from prior precedent, and previou...
Agencies Release Final Rule on Changes to 2023 Form 5500, Form 5500-SF-2-28-23

Agencies Release Final Rule on Changes to 2023 Form 5500, Form 5500-SF

February 28, 2023
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Last week, the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC) released their final rule bringing changes to the 2023 Form 5500, Annual Return/Report of Employee Benefit Plans and Form 5500-SF Short Form. The final rule is the last phase to fully implement the agencies’ 2021 proposed regulations on Form 5500. Changes to the...