Articles by PC Editorial Staff

June 21, 2022
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DOL Guidance on Limitations to Subminimum Wages for Disabled Workers

On June 16th, 2022, the U.S. Department of Labor (DOL’s) Wage and Hour Division (WHD) published guidance on how the law limits subminimum wage for disabled workers. Limits on paying a subminimum wage may be found under Section 511 of the Rehabilitation Act (Section 511). The new guidance follows a recent WHD investigation into a Montana ranch. The investigation revealed that the employer violat...
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June 21, 2022
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The U.S. Supreme Court Allows Mandatory Arbitration in PAGA Claims

Recently, the U.S. Supreme Court (the Supreme Court) ruled in favor of Viking River Cruises Inc. regarding lawsuits under California’s Private Attorneys General Act of 2004 (PAGA), allowing mandatory arbitration in PAGA claims. The Supreme Court’s decision gives California employers the right to enforce arbitration agreements with aggrieved employees filing suit under PAGA. This is the Supreme ...
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Company to Pay $361K in EEOC Sexual Harassment Case-6-21-22

Company to Pay $361K in EEOC Sexual Harassment Case

June 21, 2022
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The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that a Spokane Valley, Washington-based HVAC contractor will pay $361,000 to settle a sexual harassment case. The owner and president of the contractor, which operates as Air Control Heating & Electric, Inc., allegedly sexually harassed several female employees. Meanwhile, other company management failed to act to pr...
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June 14, 2022
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Changes to Calculating Number of Employees Under SBA Size Standards

The U.S. Small Business Administration (SBA) announced a final rule adopting a 24-month average when calculating a business concern’s number of employees under SBA size standards. These standards determine eligibility for all SBA programs. In addition, the SBA is altering the period for calculating average annual receipts for business concerns in specific SBA programs. The final rule is effecti...
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June 14, 2022
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Mid-Year Increases to IRS Mileage Rate for 2022

The Internal Revenue Service (IRS) recently announced it is modifying its previous Notice 2022-3, 2022-2 I.R.B. 308, increasing the IRS mileage rate for 2022. The notice provides the optional standard mileage 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 expen...
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Changes to Calculating Number of Employees Under SBA Size Standards-6-14-22

DOL Finds Illegal Wage Deductions, Recovers $166K

June 14, 2022
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On June 8th, 2022, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) found illegal wage deductions occurred at an Oklahoma gas station and convenience store. In effect, the payroll deductions brought employee wages down below the federal minimum wage. All in all, in that case, the WHD recovered $166K in back wages. The WHD’s mission is to enforce employment laws under the Fair...
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June 7, 2022
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DOJ Announces Revised Policy on Charging CFAA Cases

The U.S. Department of Justice (DOJ) recently announced a new policy regarding the Computer Fraud and Abuse Act (CFAA), revising how the department charges CFAA cases. This policy directs, for the first time, that good-faith security research should not be charged. The DOJ’s newly-announced policy replaces an earlier 2014 CFAA charging policy. The revised policy on charging CFAA cases takes eff...
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June 7, 2022
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NLRB Alters Timing for Electronic Posting in COVID-19-Related Cases

As part of a decision issued on June 2nd, 2022, the National Labor Relations Board (NLRB) altered the timing of its electronic posting requirements in circumstances where an employer is affected by COVID-19. Specifically, the decision affects employers that have either not yet reopened due to COVID-19 or where a substantial complement of employees has not yet returned to work on site. Before th...
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DOJ Announces Revised Policy on Charging CFAA Cases-6-7-22

OSHA Safety Violations Continue at Discount Retailer

June 7, 2022
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On June 3rd, 2022, the Occupational Safety and Health Administration (OSHA) cited two more Dollar General Stores for OSHA safety violations. OSHA safety inspections at two of the discount retailer’s locations revealed blocked emergency exit doors. These findings are merely the latest in Dollar General’s long history of OSHA safety violations nationwide. All in all, OSHA has investigated Dollar ...
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June 1, 2022
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Labor Department Updates Guidance on Using FMLA for Mental Health

On May 25th, 2022, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) released updated guidance on the Family Medical Leave Act (FMLA), covering employees who take leave under the FMLA for mental health reasons. Individuals coping with mental illness may often face certain barriers to treatment for a variety of reasons. For this reason, the DOL is ensuring that these individual...
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