Hey Compliance Warriors! Parts Authority, Diligent Delivery Systems treated workers as independent contractor A national auto parts distributor and an Arizona logistics firm that misclassified 1,398 drivers as independent contractors will pay them a total of $5.6 million in back wages and liquidated damages after the U.S. Department of Labor obtained a consent […]
A Minnesota CROWN Act has been sent to the governor, who has said he intends to sign it into law. The acronym CROWN stands for Creating a Respectful and Open World for Natural Hair. In Minnesota, the CROWN Act passed both chambers and awaits the signature of Gov. Tim Walz. He says he intends to […]
Hey Compliance Warriors, The U.S. Equal Employment Opportunity Commission (EEOC) has released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions. […]
Hey Compliance Warriors! In the summer of 2022, onlookers noticed a delivery truck stopped at about 8:15 a.m. one Wednesday morning on the University of Birmingham campus near what would have been the driver’s first drop-off. About two hours later, a passerby saw the driver slumped over and unresponsive. After they smashed […]
The FMLA applies only to “covered” employers. A covered employer may be a private-sector employer, a public agency, or a school. Covered employers must provide FMLA benefits and protections to eligible employees and comply with other responsibilities required under the FMLA and its regulations at 29 CFR Part 825. Private Sector Employer A […]
If you are working at a business or state/local government facility and it is unclear to you whether someone’s dog is a service dog, you may ask for certain information using two questions. You may ask: Is the dog a service animal required because of a disability? What work or task has the dog […]
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making […]
Hey Compliance Warriors, Later this year, employers with stock listed on a national security exchange will be required to recoup incentive-based compensation from officers who were compensated on the basis of incorrect financial reporting. Read on … By Chelsea Smialek, Philip Berkowitz, and Warren Fusfeld An SEC final rule governing clawback policies takes […]
Attorney Harrison Oldham On January 5, 2023, in response to President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements, the Federal Trade Commission (“FTC”) proposed a new rule that would ban virtually all non-competes (with some exceptions), including those already in effect, and would forbid any workaround that […]
Attorney Harrison Oldham On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) into law. Both bills received bipartisan support and support from business groups and worker advocates. The PUMP Act took effect immediately, while the PWFA will […]