Many times my first contact from an employer is due to their organization being fined for non-compliance or because they are being sued and suffering expensive litigation. In many cases, these unfortunate events could have been prevented with adequate employment law training and administration. Therefore, to ensure you are protecting your organization, we are listing 10 of the … Continue reading 10 Crucial Employment Laws Every Leader Should Know!
On Wednesday, April 6, the U.S. Department of Labor (DOL) released a final rule expanding the number of persons that are subject to fiduciary standards when they provide retirement investment advice, including exemptions that would allow advisers to continue to receive payments that could create conflicts of interest if certain conditions are met. Background Federal … Continue reading DOL Issues Final ‘Fiduciary’ Definition and Rules
On September 10, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) issued the Final Rule that prohibits certain federal contractors from discriminating against workers who discuss compensation. The rule goes into effect on January 11, 2016. The Final Rule implements Executive Order 13665, signed by President Obama on April 8, 2014, and stems from … Continue reading Final Rule Prohibiting Certain Federal Contractors from Discriminating Against Workers Who Discuss Pay: Effective Jan 11, 2016
There may come a time when employers are faced with an employee request for a religious accommodation. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers with at least 15 employees, as well as employment agencies and unions, from discriminating in employment based on race, color, religion, sex, and national origin. … Continue reading Religious Accommodations in the Workplace, According to the EEOC
On Wednesday, July 15, 2015, the U.S. Department of Labor (DOL) issued new guidance targeting employer misclassification of employees as independent contractors. Authored by David Weil, the head of the DOL’s Wage and Hour Division, the 15-page guidance (termed an “administrator’s interpretation”) states that, according to the DOL, “most workers” in the United States qualify … Continue reading DOL Issues New Guidance on “Employee vs. Independent Contractor” Misclassification
Recently, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent decision in Young v. UPS. The Court in Young articulated a new standard applicable to claims brought under the Pregnancy Discrimination Act (“PDA”), when a plaintiff claims that she has been … Continue reading EEOC Updates Pregnancy Discrimination Guidelines
According to the Department of Labor’s Occupational Safety and Health Administration (OSHA) Transgender Restroom Access Guidelines, transgender employees should have access to the restroom that corresponds to their gender identity. OSHA stressed failing to provide transgender employees with restrooms consistent with their gender identity can prevent them from using bathrooms at all, which can lead … Continue reading OSHA Announces Guidelines for Transgender Restroom Access
Increased Penalties Will Apply to Returns & Statements Filed After December 31, 2015 On June 29, 2015, President Obama signed H.R. 1295 Trade Preferences Extension Act of 2015. This bill included significant increases in the penalties incurred due to failure to file various tax reporting forms. This includes the penalties relating to Form 1094/1095 reporting. … Continue reading New Law Increases Affordable Care Act Information Reporting Penalties
Oftentimes employers are faced with the situation where employees have been granted Family and Medical Leave Act (FMLA) leave to treat a serious health condition, which poses long-term restrictions and limitations. 12 weeks pass and the employee fails to return to work, therefore the employer terminates the employee under a “no-fault” attendance policy. Is the … Continue reading 7 Tips for Coordinating FMLA and ADA Leave
On February 25, 2015, the Department of Labor issued a Final Rule revising the regulatory definition of spouse under the Family Medical Leave Act (FMLA). The Final Rule amends the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for … Continue reading FMLA – DOL Revises Definition of Spouse
