Articles by Editorial Staff

February 1, 2021
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DOL Ends Self-Reporting Violations Program

The U.S. Department of Labor (DOL) has announced an immediate end to its Payroll Audit Independent Determination (PAID) program. In 2018, DOL’s Wage and Hour Division (WHD) launched the PAID program. Generally, PAID allowed employers to self-report federal minimum wage and overtime violations under the Fair Labor Standards Act (FLSA). The self-reporting aspect allowed employers to avoid litigat...
January 26, 2021
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Biden Orders OSHA to Create COVID Protections

In his first week in office, President Joseph R. Biden issued and signed a slew of new Executive Orders (EOs). On January 21st, 2021, the president issued an EO entitled “Protecting Worker Health and Safety.” The purpose of this EO is to provide enforcement of more stringent worker safety standards by the federal Occupational Safety and Health Administration (OSHA). Contents of the Executive O...
January 25, 2021
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Centers for Disease Control Expands COVID-19 Testing Guidance

On January 21st, 2021, the U.S. Center for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on COVID-19 testing for employees.  The guidance, in part, offers a more comprehensive approach to reducing virus transmission in non-healthcare workplaces. Previously, the CDC released similar “return-to-work” guidance in October 2020. The newly released guidance, ho...
January 19, 2021
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Department of Labor Increases Fines and Penalties for Non-Compliance

Effective January 16th, 2021, the U.S. Department of Labor (DOL) increased civil monetary fines and penalties for violating DOL-governed laws. Specifically, these DOL laws include those that control federal minimum wage, overtime, posting, polygraph usage, immigration status, and safety requirements. The higher amounts apply to penalties assessed after January 15 (but occurred after November 2n...
January 18, 2021
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EEOC Updates Guidance on Religious Bias

On January 15th, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) approved revisions to its previous guidance on religious discrimination. Known as the EEOC’s Compliance Manual Section on Religious Discrimination (Manual), the Commission approved the updates on the same date. Overall, the guidance describes how Title VII of the Civil Rights Act of 1964 (Title VII) prohibits workpla...
January 16, 2021
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Statute Examines Security Practices and Health Information Privacy

On January 5th, 2021, President Donald Trump signed H.R. 7898 into law. The statute amends the Health Information Technology for Economic and Clinical Health Act (HITECH). The amendment, specifically, addresses fines and penalties levied by the Department of Health and Human Services (HHS). Now, before assessing penalties under the HIPAA Security Rule, the HHS must consider the organization’s i...
January 12, 2021
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SBA Announces Reopening of Paycheck Protection Program

On January 8th, 2021, the Small Business Administration (SBA) made an announcement regarding updates to the Paycheck Protection Program (PPP). The U.S. Department of the Treasury also consulted on the press release. The final version of the Consolidated Appropriations Act of 2021 (CAA) includes the PPP updates. Important PPP Funding Information Under the new rules, the program reopened the we...
January 11, 2021
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Updated Guidance: Remote Workforces Still Have Posting Requirements

As the global coronavirus continues, many workplaces still participate in a remote workforce. In fact, according to Upwork, by 2025, an estimated 36.2 million Americans will be working remotely (pandemic or not). This is an 87% increase from pre-pandemic levels. In response to the increase, the U.S. Department of Labor (DOL) has issued a Field Assistance Bulletin (Bulletin). Known as No. 2020-7...
January 5, 2021
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Department of Labor Clarifies Status of COVID-19 Paid Sick Leave

The U.S. Department of Labor has provided much-needed updated guidance addressing questions about COVID-19 emergency paid sick leave provisions.  On December 31st, 2020, the Department's Wage and Hour Division (WHD) announced additional coronavirus-related guidance that provides information about the current status of protections and relief offered by the Families First Coronavirus Response Act...
January 4, 2021
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Consolidated Appropriations Act of 2021 Revises PPP and Tax Provisions

The Consolidated Appropriations Act of 2021 (CAA) generally provides annual funding for the federal government. Additionally, this year, the CAA contains several important rules concerning COVID-19 relief. For example, these rules include revisions to the Paycheck Protection Program (PPP) and expansion of the employee retention tax credit. Additionally, the CAA also includes changes to other em...