Articles by PC Editorial Staff

FTC Proposed Rule Would Ban Non-Compete Clauses in Contracts-1-10-23

Restaurant Owner Fined More Than $1.6M for Unpaid Overtime Pay

January 10, 2023
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This month, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) recovered more than $1.6 million in unpaid overtime pay from a Los Angeles, California restaurant owner. The owner operates seven restaurants within Los Angeles. Overall, the charges of unpaid overtime pay affected 83 workers. In fiscal year 2022, the WHD recovered more than $27.1 million in back wages in the food s...
January 4, 2023
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Omnibus Spending Bill Includes Pregnancy Accommodations, PUMP Act

On December 29th, 2022, President Joseph R. Biden signed a $1.7 trillion omnibus spending bill that included two pieces of legislation expanding pregnancy accommodations and protecting nursing mothers in the workplace. The two acts, the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) create new obligations for certain employers in 2...
January 4, 2023
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IRS Issues 2023 Standard Mileage Rate Increases

Recently, the Internal Revenue Service (IRS) issued its 2023 standard mileage rate increases for calculating standard mileage deductions. In brief, the notice provides the optional rates for computing the deductible costs of operating an automobile for business, medical, or moving expenses. The IRS mileage rate also determines the reimbursed amount from related expenses. The 2023 standard milea...
Company to Pay $250,000 in Race Discrimination and Retaliation Suit-1-4-23

Company to Pay $250,000 in Race Discrimination and Retaliation Suit

January 4, 2023
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In December 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a piping inspection and services company will pay $250,000 to resolve a race discrimination and retaliation suit. The discrimination case involved harassment, racist remarks, and illegal termination. The EEOC will continue to pursue employers that violate federal laws prohibiting sex and race discrimination...
December 28, 2022
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NLRB Rules on Protected Concerted Activity for Contractor Employees

This month, the Bexar County I, 368 NLRB No. 46 (2019) and reestablishes the previous standard originally set forth in New York New York Hotel & Casino, 356 NLRB 907 (2011). Contracting employers need to consider the implications of this decision and other obligations under the National Labor Relations Act (NLRA) before prohibiting unionizing or protected concerted activity in the workplace...
New York Now Requires Employers Electronically Post Labor Law Notices

New York Now Requires Employers Electronically Post Labor Law Notices

December 28, 2022
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Effective immediately, employers in New York must electronically post labor law notices in addition to physical copies of employment law posters in the workplace. Earlier this month, Governor Kathy Hochul signed an amendment to Section 201 of the New York Labor Law, introducing this obligation to all employers within the state that are subject to labor law posting requirements. State government...
Employer to Pay $47,000 for Disability Discrimination and Retaliation-12-28-22

Employer to Pay $47,000 for Disability Discrimination and Retaliation

December 28, 2022
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On December 20th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that ISS Facility Services will pay $47,500 and provide other relief to settle disability discrimination and retaliation charges. Specifically, the charges allege that the employer failed to provide reasonable accommodations to an employee with a qualified disability. Subsequently, the employee was termina...
December 20, 2022
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2021 Census Shows Rise in Workplace Fatalities

On December 16th, 2022, the U.S. Bureau of Labor Statistics (BLS) released its 2021 Census of Fatal Occupational Injuries (CFOI), providing a count of workplace fatalities in the U.S. during the calendar year. In total, the BLS recorded 5,190 workplace fatalities in 2021. This is an 8.9-percent increase from 4,764 in 2020. The rise in fatal workplace injuries is a clear reminder to employers of...
December 20, 2022
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DOL, IRS Renew Joint Effort to Prevent Employee Misclassification

Recently, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) renewed a memorandum of understanding (MOU) combining agency resources and efforts to prevent employee misclassification. In brief, the bi-agency effort adds a streamlined process for joint referrals and more close-knit coordination. The MOU allows the agencies to more effectively pursue employers that misclassi...
BLS 2021 Census Reveals an Increase in Workplace Fatalities-12-20-22

EBSA Enforcement Actions Recovered Over $1.4B for Plans in FY 2022

December 20, 2022
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In December 2022, the U.S. Department of Labor (DOL) announced that Employee Benefits Security Administration (EBSA) investigators, in the enforcement of the Employee Retirement Income Security Act of 1974 (ERISA), recovered more than $1.4 billion for ERISA complaints and other benefits violations in fiscal year 2022. Funds were distributed to participants under retirement, health, and welfare ...