Articles by PC Editorial Staff

March 22, 2022
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DHS To End Acceptance of Expired List B Documents for Form I-9

The U.S. Department of Homeland Security (DHS) recently announced that it is ending its COVID-19 temporary policy concerning expired List B documents for Form I-9. Accordingly, beginning May 1, employers may no longer accept such expired documents when establishing the identity of employees. Additionally, the DHS provided directions for updating Form I-9s if employers previously accepted expire...
March 22, 2022
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Biden Signs Cyber Incident Reporting Act, Covering Businesses in Many Sectors

President Joseph R. Biden signed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Cyber Incident Reporting Act or “the Act”) as a part of the 2022 Consolidated Appropriations Act on March 15. The Act introduces new requirements for reporting various breaches in cybersecurity. In addition, it requires businesses to report ransom payments related to such breaches. Undoubtedly...
Biden Signs Cyber Incident Reporting Act, Covering Businesses in Many Sectors-3-22-22

Franchise to Pay $200,000 in Sexual Harassment and Retaliation Lawsuit

March 22, 2022
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The U.S. Equal Employment Opportunity Commission (EEOC) announced on March 17th, 2022, that the fast food franchise, Long John Silver’s (the employer), will pay $200,000 as part of a sexual harassment and retaliation lawsuit. Additionally, the employer will need to institute harassment prevention policies and training. Overall, the decision enforces federal laws on workplace sexual harassment a...
March 15, 2022
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EEOC Answers COVID-19 Questions Related to the ADA and Other Laws

On March 14th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated technical assistance to answer COVID-19 questions related to various laws under the agency. In particular, the technical assistance provides information regarding the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The agency’s answers also address other federal, state, and local laws ...
March 15, 2022
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DOL Recommends Caution Regarding Cryptocurrency 401(k) Plan Options

The U.S. Department of Labor (DOL) published on March 10th, 2022, guidance urging plan fiduciaries to exercise caution regarding cryptocurrency 401(k) plan options. As plan fiduciaries select investment options for 401(k) plan investment menus, the DOL’s efforts seek to protect the retirement savings of millions of U.S. workers. Indeed, the new guidance follows the Biden Administration’s recent...
DOL Recommends Caution Regarding Cryptocurrency 401(k) Plan Options-3-15-22

Judge Orders Repeat OSHA Violator to Pay $2M

March 15, 2022
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After multiple investigations by the Occupational Safety and Health Administration (OSHA) and several unpaid fines over the last decade, a New Jersey federal judge ordered a repeated OSHA violator (the defendant) to pay over $2 million in a summary judgment. In fact, the judge found the defendant personally liable for the amassed penalties. Despite mounting citations and investigations, the def...
March 8, 2022
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DOJ Encourages Nevada State Court to Stop Non-Compete Agreements

The Antitrust Division under the U.S. Department of Justice (DOJ) recently filed a statement of interest directed towards a case in a Nevada state court in order to stop non-compete agreements between a medical group and its employees. Indeed, such non-compete agreements are regulated by state law. However federal agencies may file statements of interest within state trials. The agency’s decisi...
March 8, 2022
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Company Pays $400K in Sex Bias Settlement

Recently, a federal judge found a Detroit food distributor in contempt of court for failing to pay previous payroll tax liability to resolve a sexual discrimination case under the U.S. Equal Employment Opportunity Commission (EEOC). Previously, the court had ordered the payment as a consent decree in a lawsuit against the company. Furthermore, the court had found that the company’s failure cons...
Company to Pay Over $400,000 in Sexual Discrimination Case-3-8-22

DOL Amends Class Exemptions in IRC, ERISA Prohibited Transaction Rules

March 8, 2022
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On March 7th, 2022, the U.S. Department of Labor (DOL) announced amendments to class exemptions in prohibited transaction rules within the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC). Specifically, the amendments deal with the use of credit ratings as a part of these class exemptions. In short, they comply with related requirements in the Dodd-Fra...
March 1, 2022
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President Biden Nominates Judge Ketanji Brown Jackson to High Court

On February 25th, 2022, President Joseph R. Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court (the Supreme Court). Formerly, Judge Jackson had served as a judge on the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit. In addition, she was a federal District Court judge for nearly a decade. During her tenure, she presided over 550 cases, including 34 notable ...