Compliance: Page 77


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    Life's looking up for US employees, but job engagement needs work

    U.S. and Canadian employees feel much better about the future than their counterparts across the world, but employers need to do more to get them engaged with work, according to Gallup.

    By Laurel Kalser • June 16, 2022
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    Mailbag: Should we make cryptocurrency a 401(k) option?

    “When you’re evaluating your risk tolerance, you have to decide your appetite,” said Phillip C. Bauknight, partner at Fisher Phillips.  

    By June 16, 2022
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    Trendline

    Inside the rapidly changing world of compliance

    The HR landscape is ever-shifting, leaving compliance professionals to meet today’s requirements while keeping an eye on the future.

    By HR Dive staff
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    As regulators target noncompete agreements, employers could seek alternatives

    Nonsolicitation agreements, nondisclosure agreements and other documents may help protect employers’ investments, attorney Gregory Hare told SHRM22 attendees.

    By June 15, 2022
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    Discouraging employees from taking leave can violate the FMLA, 7th Cir. says

    An employer may run afoul of the law if it discourages an employee from requesting leave even if it doesn’t actually deny a request, the court held.

    By Laurel Kalser • June 14, 2022
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    FLSA permits unpaid internships even if employers benefit, 11th Cir. confirms

    While the employee must be the “primary beneficiary” of the arrangement, there is “nothing inherently wrong” with an employer benefiting, too, the court said.

    By June 13, 2022
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    Deep Dive

    How to avoid immigration pitfalls in the hybrid and remote work era

    Immigration experts encourage employers to stay informed about regional movements of employees holding H-1B visas.

    By June 10, 2022
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    DOL requests employer input on independent contractor rule

    The department may aim to roll back a Trump-era rule that loosened classification requirements.

    By June 8, 2022
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    EEOC to make virtual mediation a permanent option

    A study found participants viewed the program as "highly effective, fair and neutral," EEOC said.

    By June 7, 2022
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    EEOC: Alleged missteps in responding to sexual assault cost employer $175K

    According to the agency, a Michigan employer also subjected the worker to a supervisor's sexual advances and retaliated against her for complaining.

    By Laurel Kalser • June 6, 2022
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    Suit: DOL overstepped its authority in warning against cryptocurrency in 401(k)s

    Defined contribution plans governed by ERISA shouldn’t be subject to the agency's "arbitrary whims," the complaint argued.

    By June 3, 2022
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    The OFCCP's audit list is out. HR should prepare for changes.

    Four hundred federal contractors have been selected for the OFCCP's 2022 bias audits. They face new procedures announced in March.

    By Laurel Kalser • June 2, 2022
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    8th Cir.: Difficult, time-consuming ADA reassignment request wasn't reasonable

    Reassignment has proven a contentious topic in employment law circles; a 2021 ruling by the 4th Circuit called reassignment "last among equals" as an accommodation.

    By June 2, 2022
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    DOL walks care industry employers through tricky wage and hour issues

    Knowledge of hours worked and thorough recordkeeping can be an employer's "best friends," said the Wage and Hour Division's Brenda Hernandez.

    By June 2, 2022
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    Nursing care chain settles alleged break time, bonus pay violations for $2.9M

    The Department of Labor has been aggressive about pursuing suspected overtime violations, and its investigations have led to hefty fines.

    By Laurel Kalser • June 1, 2022
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    Meat producers agree to infectious disease plan in OSHA settlement

    The workplace safety agency also fined the meat processing company $14,502 after finding facilities in Colorado and Wisconsin did not do enough to protect workers.

    By Christopher Doering • June 1, 2022
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    Waters and Brown urge SEC to disclose demographic data to investors

    "To be effective, disclosures should include corporate board, executive leadership and workforce diversity data," the congresswoman and senator wrote.

    By May 31, 2022
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    Business associations back lawsuit challenging DOL's 80/20 rule

    The contentious policy has been scrapped and resurrected repeatedly over the years, as business operators clash with regulators on tip calculation.

    By May 31, 2022
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    Deep Dive

    Are workers with visual and hearing disabilities included in your office reopening plan?

    Video conferencing and other technologies form an important part of return-to-office strategies, but they may not always be accessible for all applicants or employees.

    By May 31, 2022
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    FMLA allows leave for mental health treatment, DOL reminds employers

    In acknowledgment of Mental Health Awareness Month, the agency released new guidance to help workers and employers navigate FMLA use and mental health.

    By May 27, 2022
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    DOL urges employers to prioritize safety for young, summer hires

    FLSA regulations prohibit employers from allowing young workers to perform certain tasks and work certain hours.

    By May 26, 2022
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    AT&T manager's refusal to promote 'tenured' employees didn't prove age bias

    The case came down, in part, to the semantics of "tenured."

    By Laurel Kalser • May 25, 2022
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    Subway shop's $30K settlement highlights duty to accommodate autism

    The EEOC alleged the franchisee failed to provide requested accommodations for a new hire with autism and then fired him after four shifts.

    By Laurel Kalser • May 24, 2022
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    Supreme Court rejects arbitration waiver rules in Taco Bell franchisee overtime suit

    But Associate Justice Elena Kagan made clear that the high court only answered some of the questions raised in the case of an arbitration dispute.

    By May 23, 2022
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    How health information privacy laws apply when reopening the workplace

    Employers "may not have done the most careful job" of collecting and storing COVID-19-related health information, one attorney told HR Dive.

    By May 23, 2022
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    3rd Cir.: DuPont correctly suspected FMLA abuse, didn't retaliate in firing employee

    DuPont discovered behavior inconsistent with the employee's leave upon surveillance, the 3rd Circuit said.

    By Laurel Kalser • May 19, 2022