Based on the anticipated priorities of the Biden administration, employers and HR professionals may expect an increase in Department of Labor (DOL) audits and investigations. Although DOL audits may take many forms, the DOL’s Wage and Hour Division is expected to be more persistent in its enforcement of payroll compliance, including the appropriate payment of overtime. As your risk management partner, HBL offers the Read More
SCOTUS Expands Federal Fair Employment Protections
Recently, the U.S. Supreme Court ruled that Title VII of the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired or disciplined based on their sexual orientation. In a 6-3 ruling in Bostock v. Clayton County, the Court found that, "In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee's sex when deciding Read More
EEOC Guidance on COVID-19-Related Inquiries and Medical Exams
The Americans with Disabilities Act (ADA) restricts when and how much medical information an employer may seek to obtain from an employee or job applicant. In general, inquiries about disabilities or medical exams are prohibited before an employer makes a conditional job offer to an applicant. However, those inquiries are permitted between the time the offer is made and when the applicant starts work, as long as they Read More
Final Rule on Joint Employer Test
Earlier this year, the Department of Labor (DOL) updated its regulations under the Fair Labor Standards Act (FLSA) pertaining to the determination of joint employer status under the FLSA. A joint employer is any additional “person” (i.e., individual or entity) that is jointly and severally liable with the employer for the employee’s wages. The DOL establishes a four-factor balancing test for determining joint Read More
DOL Proposes New Rule on Classification of Independent Contractors Under FLSA
On September 22, 2020, the U.S. Department of Labor (DOL) released a proposed rule that establishes new standards for employers in determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule provides employers with long-awaited clarity on the classification of workers under the FLSA. The absence of federal guidelines on classification standards Read More
3 Tips to Avoid OSHA Citations Related to COVID-19
As businesses across the country return to in-person operations, the Occupational Safety and Health Administration (OSHA) has been activity enforcing workplace safety related to COVID-19. As your risk management partner, we offer you the following three tips to avoid OSHA citations related to COVID-19... Tip #1: Develop a safety plan around state and federal guidelines. OSHA enforces employers’ general Read More
HR Challenges: CDC’s New Definition of “Close Contact”
New guidelines from the U.S. Centers for Disease Control and Prevention (CDC) on what constitutes “close contact” with a person infected with COVID-19 will require many employers to update their COVID-19-related safety practices and policies. Previously, the CDC had defined a “close contact” as someone who was within six feet and spent at least 15 consecutive minutes in the presence of an infected individual. The Read More
Minimizing the Legal Risk of Telework Accommodations
After learning to operate remotely, employers across the country have been reconsidering the place of telework, particularly as an accommodation for individuals with disabilities. As employers move forward with a “new normal” perspective on telework, the Equal Employment Opportunity Commission (EEOC) has been continuing its enforcement effort surrounding telework accommodations. As your risk management partner, Read More
OSHA Announces Coronavirus-Related Citations
On November 27, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it had issued citations arising from 244 inspections for coronavirus-related violations across the U.S., resulting in proposed penalties of more than $3.3 million. While OSHA has not implemented specific coronavirus workplace safety standards, employers must still comply with OSHA’S existing Read More
IRS Extends 2020 ACA Reporting Deadline
The IRS has extended the deadline from January 31, 2021, to March 2, 2021, for providing certain health care information statements to individuals as required under the Affordable Care Act (ACA). IRS Notice 2020-76 only extends the deadline for providing Forms 1095-B and 1095-C for 2020 to individuals. It does not extend the deadline for filing Forms 1094-B, 1095-B, 1094-C or 1095-C with the IRS. Those forms must Read More
