Articles by Editorial Staff

November 30, 2020
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EEOC Seeks Input on Religious Discrimination Enforcement Guidance

On November 17th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced its need for public input on updated guidance. The guidance discusses how Title VII of the Civil Rights Act (Title VII) protects individuals from workplace religious discrimination. It also sets forth the legal protections available to religious employers. The updated information will be in the EEOC’s Comp...
November 25, 2020
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OSHA Updates Guidance on Cloth Face Coverings

The Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) has published an update to COVID-19 Frequently Asked Questions. Released November 18th, the resource now addresses OSHA’s opinions on cloth face coverings as “personal protective equipment” (PPE). The update comes after the Centers for Disease Control and Prevention (CDC) announced their own findings about clot...
November 24, 2020
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DHS Extends Form I-9 Flexibility

On November 18th, 2020, Immigration and Customs Enforcement (ICE) announced an extension of rule flexibilities related to Form I-9 compliance. The initial rule update, announced earlier this year, was set to expire on November 19th, 2020. Due to the continued COVID-19 pandemic, the Department of Homeland Security (DHS) will extend this policy until December 31st, 2020. Background of Original O...
November 23, 2020
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IRS Guidance on PPP Expense Deductions

On November 18th, 2020, the Internal Revenue Service (IRS) issued additional guidance on Paycheck Protection Program (PPP) loans. Created in conjunction with the Treasury Department (Treasury), the guidance addresses the tax treatment of PPP expenses. More specifically, when a loan from the Small Business Administration’s PPP is not forgiven by the end of the year. As part of the guidance, b...
November 19, 2020
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EEOC Recovers Record $535 Million for Discrimination Victims in FY2020

On November 16th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released its annual Fiscal Year 2020 Agency Financial Report. According to the report, the agency secured a record $535 million in recovery for victims of discrimination in the workplace during fiscal year 2020, which ended September 30th, 2020.  Additionally, the agency also made significant progress in managing pe...
November 17, 2020
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Labor Department Announces Requirements for Pooled Benefit Plans

On November 12th, 2020, the U.S. Department of Labor (DOL) announced a final rule establishing registration requirements for pooled benefit plan providers. The rule implements registration requirements pursuant to the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act). Background of the SECURE Act The SECURE Act amended both the Employee Retirement Income Security ...
November 16, 2020
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Final Rule Restricts Retirement Investment Fiduciary Considerations

On October 30th, 2020, the Department of Labor (DOL) released final rule “Financial Factors in Selecting Plan Investments.” In an earlier proposed rule, the DOL aimed to regulate environmental, social, and corporate governance (ESG) investing by employee benefit plans. These were plans that fall subject to the Employee Retirement Income Security Act (ERISA). In the final rule, however, the DOL ...
November 10, 2020
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OSHA Releases Most Frequently Cited Standards Related to COVID-19

On November 7th, 2020, the U.S. Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) issued guidance for employers. The guidance included a one-pager created to help employers understand what standards are most frequently cited during coronavirus-related inspections. OSHA based these documents on data from citations recently issued. Many of the findings were the re...
November 10, 2020
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Final Rule to Resolve Discrimination Released

On November 5th, 2020, the Department of Labor’s (DOL’s) Office of Federal Contract Compliance Programs (OFCCP) published a Final Rule titled “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.” The announcement of the new final rule comes weeks after the OFCCP launched resources to combat race and sex stereotyping...
November 9, 2020
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Department of Labor Issues Two Wage and Hour Letters

On November 3rd, 2020, the Department of Labor (DOL) released two opinion letters addressing Fair Labor Standards Act (FLSA) compliance. Opinion letters are official written opinions released by the DOL’s Wage and Hour Division (WHD). The letters contain the WHD’s opinion on how the law applies in circumstances presented by the entity sending the request. Opinion Letter on Voluntary Training T...