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Though the Shared Employment Responsibility provision (aka: employer mandate) of the Patient Protection and Affordable Care Act (PPACA) has been put on ice for an additional year, a three-judge panel of the 4th Circuit Court of Appeals yesterday upheld the provision as constitutional.
Often dubbed "play or pay," the Employer Shared Responsibility provision forces employers ...
Even though officials announced this week that there would be scant verification of incomes and employment status for those individuals applying for health insurance through the new Affordable Care Act (ACA) Marketplaces, a British firm has been awarded a contract that could reach $1.2 billion over five years to process applications, according to the New York Times.
The firm, Serco, alrea...
In 2010 the Department of Labor (DOL), in an administrative interpretation, declared that mortgage loan officers do not fall under the administrative exemption to the Fair Labor Standards Act (FLSA) and are thus owed overtime pay for all work beyond 40 hours in a workweek (some states have stricter rules).
Now a three-judge panel of the U.S. Court of Appeals for the District of Columbia -...
The Department of Health and Human Services (HHS) on Friday, July 5, quietly published new regulations on income and employment verification for subsidized health care from the Health Insurance Marketplaces set to launch Oct. 1 in 16 states, along with a federal option for the other states.
This follows the July 2 announcement that the Affordable Care Act (ACA) employer mandate of "p...
A former Department of Labor (DOL) employee has received an $820,000 wrongful termination settlement from the federal agency after the Court of Appeals for the Federal Circuit reversed a finding by the Merit Systems Protection Board (MSPB) that his termination was not due to retaliation for his whistleblower activities.
The claimant, Robert Whitmore, had worked for the DOL since 1972. In ...
Yesterday, an obscure official in the Treasury Department announced a one-year delay in the Shared Employer Responsibility provision of the Affordable Care Act (ACA), which set forth a penalty schedule for businesses with 50 or more employees that did not offer health insurance beginning Jan. 1, 2014 (now 2015).
Shortly thereafter, Valerie Jarrett, White House senior advisor, announced so...
For users of the online employment eligibility tool offered by the U.S. Citizenship and Immigration Services (USCIS) called E-Verify, the agency has released a new User Manual for Employers.
Some states mandate the use of E-Verify to qualify new hires to work in the United States, and federal contractors and subcontractors often must use the online database system as well (which is free)....
Under pressure from business groups and fearing losses in the 2014 Congressional elections, the Obama Administration today delayed the upcoming implemention of the Affordable Care Act (ACA) mandate that businesses with 50 or more employees provide health care or pay a fine, the Associated Press and other sources are reporting.
The mandate, dubbed Employer Shared Responsibility, set a fine...
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), the U.S. Postal Service (USPS) and the American Postal Workers Union have agreed to terms of a settlement that will improve safety in postal facilities across the country. The settlement follows negotiations stemming from inspections at 42 Postal Service sites in 2009 and 2010 that found violations of OSH...
A North Carolina law going into effect today cuts statewide unemployment benefits for new applicants immediately and thus jettisons the federal supplement that continues those benefits once the state portion expires.
The federal Emergency Unemployment Compensation (EUC) program is lost once a state cuts its benefits, but North Carolina chose to go that route -- and to raise unemployment t...
Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.
U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules
On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...
NLRB General Counsel Takes Action to Tackle Current Case Backlog
On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...
Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data
Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...
DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws
In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...
DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know
The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.