Articles by PC Editorial Staff

February 21, 2023
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FLSA Protections Extended to Teleworkers

In February, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) issued guidance on applying the Fair Labor Standards Act (FLSA) to teleworkers. The guidance includes information on tracking hours and providing nursing breaks. In addition, it covers determining eligibility under the Family and Medical Leave Act (FMLA). While telework and remote work are often used interchangeabl...
February 21, 2023
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OSHA Publishes Interim Final Rule to Protect Antitrust Whistleblowers

On February 10th, 2023, the Occupational Safety and Health Administration (OSHA) published an interim final rule on handling retaliation complaints by antitrust whistleblowers under the Criminal Antitrust Anti-Retaliation Act (CAARA). Briefly, the rule establishes procedures and timeframes for handling such complaints and is effective immediately. As part of the Biden Administration’s Executive...
Ninth Circuit Rules FAA Preempts California Arbitration Law-2-21-23

Court: FAA Preempts CA Arbitration Law

February 21, 2023
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On February 15, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) ruled that arbitration provisions under the Federal Arbitration Act (FAA) preempt California arbitration law under Assembly Bill 51 (AB 51). In brief, AB 51 prohibits state employers from requiring employees to arbitrate claims and imposes criminal penalties for violating the AB. AB 51 was enacted in October 2019, e...
February 14, 2023
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Court Rules USERRA Requires Paid Military Leave of Comparable Duration

This month, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) found that, under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers that provide non-military paid short-term leave for specific reasons must also offer paid military leave of comparable duration. The Ninth Circuit’s decision reversed an earlier district court’s too-broad comparability an...
February 14, 2023
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Cal/OSHA Activates Non-Emergency COVID Rule

Recently, California’s Office of Administrative Law approved the Division of Occupational Safety and Health’s (commonly known as Cal/OSHA’s) Non-Emergency COVID-19 Regulation. The regulation is effective immediately and covers most California employers. Additionally, Cal/OSHA released a document of Frequently Asked Questions (FAQs) as guidance for the Non-Emergency COVID-19 Regulation. Earlier,...
Cal/OSHA Activates Its Non-Emergency COVID-19 Regulation-2-14-23

Company Fined $200K for Harassment Charges

February 14, 2023
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On February 8th, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced that an Illinois-based auto parts company will pay $200,000 to settle workplace sexual harassment charges. The charges involved sexual harassment and abuse against both male and female employees. Legislators have recently supported the EEOC as it enforces anti-discrimination and anti-harassment laws under i...
February 7, 2023
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EEOC Discusses Implications of Artificial Intelligence in Employment

On January 31st, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing to examine the use of artificial intelligence in employment decisions. Topics addressed included using artificial intelligence in recruitment and hiring, as well as in monitoring and firing workers. As employers increasingly use artificial intelligence in the workplace, the EEOC seeks to educate...
February 7, 2023
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IRS Plans Consolidated Tip Reporting Program

Yesterday, the Internal Revenue Service (IRS) issued, as a part of Notice 2023-13, a proposed service industry tip reporting program for employers. The proposed program, called the Service Industry Tip Compliance Agreement (SITCA), would be the primary tip reporting program between service industry employers and the IRS. According to the IRS, the new program will improve compliance and make rep...
Agency Secures $1.25M Settlement in Reported HIPAA Violations-2-7-23

Agency Secures $1.25M Settlement in Reported HIPAA Violations

February 7, 2023
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This month, the U.S. Department of Health and Human Services’ (HHS’s) Office for Civil Rights (OCR) announced a $1.25 million settlement after a cybersecurity breach exposed a non-profit health organization’s data that was covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), constituting possible HIPAA violations. The potential HIPAA violations affected 2.81 milli...
January 31, 2023
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EEOC Offers Guidance for Deaf Worker Accommodations

On January 24th, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released updated guidance on how the Americans with Disabilities Act (ADA) applies to hearing disabilities, including accommodations for deaf people and hard-of-hearing individuals. The resource document also provides information on avoiding actions that lead to discrimination against deaf and hard-of-hearing individ...