Human Resources

The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA.  Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020).  The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime […]

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Hey Compliance Warriors! Government officials across the country are easing up on business closures and stay at home orders. Here is an article and table of reopening protocols as of today. Read on…

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Hey Compliance Warriors! If your PPP loan wasn’t quite enough, or if you weren’t able to get to it because of the first-come-first-serve nature of it, then you can try an MSLP loan. They’re quite different from PPP loans so read the details carefully below. Read on… Article Via: hollandhart.com “The Board of Governors of […]

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Hey Compliance Warriors! It’s taken a long time but the DOE has launched its new rulings for Title 9 which makes a ton of changes to the law. The proceeding article is a comprehensive list of ways to implement these changes, training, and what many of the changes are. Read on…   Article Via: nelsonmullins.com […]

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Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule to provide greater simplicity and flexibility to retail industry employers. Provisions in the Fair Labor Standards Act (FLSA) allow employers in retail and service industries to exempt certain employees paid primarily on a commission basis from overtime. Read on… Today’s rule withdraws […]

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Hey Compliance Warriors! Yesterday, Friday, May 15th, 2020, the SBA and U.S. Treasury released the highly anticipated PPP Loan Forgiveness Application. The application and instructions total 11 pages and come with new instructions for the confusing FTE calculations and a 2-part application/worksheet combo. We were also told which documents must be submitted along with your worksheets […]

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On May 11, the IRS updated FAQs 64 and 65 and added new FAQ 79. Q&As 64 and 65 now state that employers can claim the ERC for qualified health care expenses regardless of whether the employee is paid qualified wages. The revised FAQs clarify this new interpretation with five examples in which qualified health care […]

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Hey Compliance Warriors! California is trying to handle all the “I got coronavirus at work” claims in a reasonable way. The Governer’s office issued an Executive Order to filter through these claims. Read on… Article Via: calemploymentlawupdate.proskauer.com “On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which creates a time-limited rebuttable presumption that workers […]

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Hey Compliance Warriors! U.S. Immigration and Customs Enforcement (ICE) announced, on May 14th, an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Read on…

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Hey Compliance Warriors! The Internal Revenue Service released guidance, on Wednesday, to allow temporary changes to section 125 cafeteria plans. These changes extend the claims period for health flexible spending arrangements (FSAs) and dependent care assistance programs and allow taxpayers to make mid-year changes. Read on…

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