Articles by Girish Anand

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EEO-1 Survey Deadline Extended Until June 1

April 23, 2018
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With little fanfare and just a couple of red-ink sentences on its electronic reporting portal, the Equal Employment Opportunity Commission (EEOC) has extended the deadline for submitting the annual EEO-1 Report until Friday, June 1. One of two red-ink notifications on the home page of the EEO-1 portal. The original de...

April 23, 2018
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HHS Releases Funding to Fight Opioid Crisis

HHS Secretary Alex Azar The Department of Health and Human Services (HHS) just released the second year of funding to 50 states, four U.S. territories, and the free associated states of Palau and Micronesia, totaling $485 million to continue the nation’s efforts to combat the opioid crisis. “The Trump administration i...

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OMB to Withhold Funding from the NLRB

April 20, 2018
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While General Counsel Peter Robb seeks to reorganize and rein in the agency's regional directors, the National Labor Relations Board (NLRB) has been told not to spend money past April by the Office of Management and Budget (OMB). Peter Robb, new NLRB General Counsel “The agency heads are claiming that OMB told them” t...

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SEC Votes on Its Own Proposed Fiduciary Rule

April 19, 2018
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The Securities and Exchange Commission (SEC) on Wednesday, April 18, voted 4-1 on a proposed fiduciary rule that sets standards of conduct, additional disclosure requirements and restrictions on advisor/broker titles. The vote comes a month after the U.S. 5th Circuit Court of Appeals struck down a hotly contested fiduciary rule by the Department of Labor (DOL) that was already in effect but on ...
April 19, 2018
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IRS Issues FAQs on Paid FMLA Leave

The Tax Cuts and Jobs Act of 2017 opened a two-year window, from Jan. 1 this year to Dec. 31, 2019, for qualifying companies to receive a tax credit if they offer paid Family and Medical Leave Act (FMLA) time off. This month the IRS issued a set of FAQs to help explain how the credit works. To qualify for the credit, a company must have a written leave policy in place offering at least two w...
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Tesla Being Investigated by Cal/OSHA

April 18, 2018
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California's Occupational Safety and Health Administration (Cal/OSHA) is investigating the Tesla car plant in Fremont, Calif., for failure to promptly report on-site injuries, following a report by investigative website Reveal. Under both California and federal safety laws and regulations, companies have eight hours to report any injury involving hospitalization overnight or loss of a body p...
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Starbucks to Hold Racial Bias Training Day Following Philadelphia Incident

April 17, 2018
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After the manager at a Starbucks in Philadelphia had two black men arrested for trespassing when they asked to use the restroom without purchasing anything, the company announced it will close all 8,000 of its corporate locations on May 29 for a racial bias training session. Starbucks employs some 175,000 people at these locations. The incident in the City of Brotherly Love on April 12 gaine...
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Ignorance of OSHA Regulations Is No Defense, Circuit Court Rules

April 17, 2018
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An Occupational Safety and Health Administration (OSHA) fine for "willful violation" of a regulation will stand, the 11th U.S. Circuit Court has ruled, declaring that ignorance of a regulation is no defense. As a result, the $49,000 fine against Georgia-based Martin Mechanical Contractors will go forward. The company had argued that the violation could not have been willful since the on-s...
April 17, 2018
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States Move to Fill in the Voids in Trumpcare

The Affordable Care Act (ACA, aka Obamacare) is still the law of the land, but the Trump administration has modified so many of its provisions -- including the elimination of a tax penalty for not having health insurance -- that the remaining parts of the ACA are forcing some states, and even citizen initiatives, to come up with legal remedies to what could be called Trumpcare. New Jersey ha...
April 17, 2018
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DOL: Repeated Short Rest Breaks Are Not Compensable Under the FLSA

In one of three opinion letters recently published by the Department of Labor (DOL), the agency addressed the issue of whether short rest breaks -- in this case, taken for 15 minutes every hour for a serious health condition -- are compensable under the Fair Labor Standards Act (FLSA) and concluded that they are not. In offering this opinion, the DOL, citing Supreme Court decisions, drew a d...