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Tag: DOL


Research

DOL’s Proposed Rule Aims to Tighten Independent Contractor Definition

October 13, 2022

Via: HR Hero

As the U.S. Department of Labor (DOL) prepares to publish a new proposed rule on how individuals can be classified, employers are being warned to expect a tougher time justifying an independent contractor classification. The DOL will publish a Notice […]


Development & Evaluation, Employee retention

DOL Updates Auditor Independence Rules for Employee Benefits Plans

September 13, 2022

Via: SHRM

The U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration issued Interpretive Bulletin (IB) 2022-01 on Sept. 6, updating its guidance on the independence requirement for accountants who audit employee benefits plans under the Employee Retirement Income Security Act (ERISA). […]


Research

Mailbag: What are HR’s options after designating FMLA leave to a noneligible employee?

August 5, 2022

Via: HR Dive

Q: What happens if you go through the FMLA process — notices, medical documentation, approval — and later realize the employee isn’t eligible because they didn’t work enough hours? When employers follow the leave designation process set out by the […]


News

Amazon’s unpaid time off practices violate USERRA, class-action suit claims

May 17, 2022

Via: HR Dive

USERRA establishes certain rights and benefits for employees in civilian jobs who serve, have served or will serve in the U.S. armed forces, National Guard or Reserves, according to the U.S. Department of Labor (DOL) regulations. Generally, the statute prohibits […]


Research

Mailbag: Does the FMLA apply to fully remote companies?

May 3, 2022

Via: HR Dive

Q: Will the Family and Medical Leave Act apply to companies that operate completely online? There’s an answer to this question, but before we get there, let’s look at some context. According to the U.S. Department of Labor, the Family […]


News

DOL, ASA website brings best practices to employ workers with disabilities

February 28, 2022

Via: HR Dive

The website’s launch marks the latest joint effort from ASA and ODEP. In May 2020, the organizations signed an alliance to “advance the employment of people with disabilities” and agreed to equip employers with staffing, recruiting and workforce solutions. The […]


Research

Physicians say prior authorization impacted patients’ job performance

February 22, 2022

Via: HR Dive

The AMA is the largest physician lobby in the U.S. It has generally opposed prior authorization; its website refers to the process as “overused, costly, inefficient, opaque and responsible for patient care delays.” That puts the association at odds with […]


Research

Employers Warned of More Scrutiny as Agencies Team Up to Fight Retaliation

December 13, 2021

Via: HR Hero

An announcement from three federal agencies that they are aligning to protect employees who try to exercise their rights in the workplace means employers need to be especially on guard against actions that may be seen as unlawful retaliation. The […]


News

DOL Sues Over Firing for E-Mail Allegedly Sharing Coronavirus Concerns

October 15, 2021

Via: SHRM

The U.S. Department of Labor (DOL) has filed suit against an Austin, Texas, car dealer for firing an employee who warned managers and other co-workers in an all-staff e-mail about potential coronavirus hazards in the workplace. We’ve gathered articles on […]


Research

Vax Mandate, Not Lax Mandate: Security Considerations for Vaccine Mandate Compliance

October 7, 2021

Via: HR Hero

Despite rising COVID-19 cases and hospitalizations driven by the delta variant, executive leaders are pushing toward a post-pandemic return-to-work model that puts employees in the office at least two days a week. HR and IT/security professionals have been feeling squeezed […]


News

Drexel employee’s failure to complete paperwork dooms FMLA claim, 3rd Cir. finds

October 6, 2021

Via: HR Dive

The FMLA involves two main sets of forms that accomplish two tasks: notice and certification. The first of the two puts the onus on employers — the FMLA requires employers to provide employees with notices about the FMLA so both […]


Software

DOL Plan Audits Updated to Include Compliance with Cybersecurity Guidelines

August 6, 2021

Via: SHRM

In April, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued cybersecurity guidance for employee retirement plans. Shortly thereafter, the DOL updated its audit inquiries to include probing questions for plan fiduciaries about their compliance with “hot […]


Research

COVID-19 Benching: H-1Bs Can’t Sit This One Out

July 12, 2021

Via: HR Hero

The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for their services. As if navigating the employment-based immigration laws weren’t complicated enough, now employers must balance implementing cost-saving […]


Research

DOL Mulls Return to Obama-Era ‘Persuader’ Reporting Rule

July 1, 2021

Via: HR Hero

In late April 2021, the U.S. Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) signaled its intent to revisit the “persuader rule,” an Obama-era regulation that imposed strict reporting requirements on employers facing union organization. Although the rule hasn’t […]


News

SHRM Foundation Head Addresses Lawmakers on Second-Chance Hiring

June 16, 2021

Via: SHRM

Wendi Safstrom, executive director of the SHRM Foundation, testified before a congressional panel about the nonprofit’s work on second-chance hiring and presented policy recommendations to lawmakers to help individuals with criminal records re-enter and thrive in the workplace. Safstrom addressed […]


Research

Best Practices for Avoiding Worker Misclassification

June 2, 2021

Via: HR Hero

Up to 30 percent of employers misclassify their employees as independent contractors, according to national estimates. Misclassification occurs when an employer improperly classifies a worker as an independent contractor instead of an employee. Unfortunately, the consequences can be severe. Some […]


Research

DOL’s Rule Delay Called Good News for Employers of Foreign Workers

May 18, 2021

Via: HR Hero

The Biden administration announcement of a delay in a rule affecting pay for foreign workers means employers won’t have to quickly adjust to significantly higher prevailing wages for certain foreign employees. On May 13, the U.S. Department of Labor (DOL) […]


Research

ARPA COBRA Subsidy 101

March 31, 2021

Via: HR Hero

The American Rescue Plan Act of 2021 (ARPA) has some new rules related to the Consolidated Omnibus Budget Reconciliation Act (COBRA). Any employer that has a health plan subject to COBRA should be aware of these changes. Let’s take a […]


News

Ex-Employee Claims Former Boss Paid His Final Paycheck in 500 Pounds Worth of Pennies

March 26, 2021

Via: Entrepreneur

A man who used to work at a Georgia car repair shop is accusing his former boss of a petty move, following a dispute over his final paycheck, WGCL-TV reports. According to the station, Andreas Flaten gave his two-week notice […]


Research

DOL Issues Guidance on Posting Requirements in Remote Work Setting

March 16, 2021

Via: HR Hero

With more and more employees working remotely because of the COVID-19 outbreak, you may fairly be wondering whether electronic messages or postings on the company’s intranet system will satisfy government requirements to provide notice to employees about their rights. The […]