News & Analysis as of


Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

How You May Be Affected by the Changes to Partnership Audit Rules

by Miles & Stockbridge P.C. on

In 2015, Congress passed the Bipartisan Budget Act that created a new Centralized Partnership Audit regime that is effective for income tax returns filed of partnership taxable years beginning after December 31, 2017. These...more

Considerations For Utilizing The DOL’s Pilot “PAID” Program

by SmithAmundsen LLC on

In April 2018, the US Department of Labor (DOL) Wage and Hour Division, launched the six-month pilot Payroll Audit Independent Determination (PAID) program which provides a voluntary framework for employers to self-report...more

OIG Report: CMS Paid Practitioners for Telehealth Services That Did Not Meet Medicare Requirements

by Foley & Lardner LLP on

The Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) just published a new report on OIG’s review of Medicare payments for telehealth services. The objective of the OIG review was to...more

Audit Defense: The time to prepare for an audit is before the return is filed

by Sanford Millar on

A recent Tax Court case illustrates how a taxpayer should anticipate an audit by maintaining proper books and records. The case involved the deductibility of losses as “ordinary losses” as opposed to “passive losses” by an...more

2018 and its first EEO Audit

by Womble Bond Dickinson on

New Procedures: Old Problems – Don’t get caught off guard! On February 26, the Media Bureau issued its first Equal Employment Opportunity (“EEO”) audit of 2018 to randomly selected radio and television stations. There are...more

States’ Attorneys General Throw Shade on USDOL’s “PAID” Program

Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming...more

Blog: Auditors in the crosshairs (re-posted)

by Cooley LLP on

It’s certainly a rare event, but both ISS and Glass Lewis have recommended voting against a proposal to ratify the appointment of GE’s auditor, KPMG at the GE annual shareholders meeting. Most often, the issue of auditor...more

Are Employers Willing To Risk Getting PAID?

by Jackson Lewis P.C. on

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime...more

DOL Launches "PAID" Self-Audit Program

by Nexsen Pruet, PLLC on

On April 3, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) launched the Payroll Audit Independent Determination program (PAID) on a six-month trial basis. The intent of the program is to allow employers to...more

Does Massachusetts’s Pay Equity Law Change the Game?

by Verrill Dana LLP on

On July 1, 2018, Massachusetts Pay Equity law takes effect requiring all employers to pay men and women equally for comparable work—a phrase that is different from many similar statutes that have gone into effect over the...more

[Webinar] Partnership Audit Rules; Effects of Tax Reform; Using a Business Entity to Help Defray Fees - April 24th, 12:00pm CT

by Thompson Coburn LLP on

New partnership audit rules require a fresh look at the process of selling a partnership interest and partners’ relationships when an audit occurs. Separately, tax reform provides new income tax planning opportunities for...more

U.S. Supreme Court Rejects Narrow Interpretation in Favor of "Fair" Reading of FLSA Exemptions

by Hinshaw & Culbertson LLP on

The US Supreme Court recently issued a five-four decision addressing whether service advisers of a car dealership fell within the automobile sales exemption. While the opinion may not seem particularly helpful for businesses...more

The New York Note - April 2018

by Cozen O'Connor on

This Week in New York – Chief Privacy Officer Appointed, Cuomo vs. De Blasio on NYCHA, Unsafe Playgrounds, and New Schools Chancellor’s First Day - Mayor de Blasio Appoints Laura Negrón As Chief Privacy Officer - On...more

Beltway Buzz - April, 2018

PAID Underway. On April 3, the Department of Labor’s (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential...more

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more

D.C. Circuit Holds PCAOB Improperly Denied Target Of Investigation Access To Expert Assistance

A D.C. Circuit panel unanimously ruled that the Public Company Accounting Oversight Board (“PCAOB”) acted unlawfully by denying former Ernst & Young partner Marc Laccetti his right to bring an accounting expert to an...more

Wage and Hour Launches Pilot Program for FLSA Self-Corrections

The federal Department of Labor’s Wage and Hour Division recently announced a six-month self-audit pilot program intended to allow employers to review and correct overtime and minimum wage violations. The Payroll Audit...more

DC Circuit Holds PCAOB Improperly Denied Target of Investigation Access to Expert Assistance

A D.C. Circuit panel unanimously ruled that the Public Company Accounting Oversight Board ("PCAOB") acted unlawfully by denying former Ernst & Young partner Marc Laccetti his right to bring an accounting expert to an...more

Scheduling Letters Are In the Mail

by Jackson Lewis P.C. on

When the Agency mailed the most recent round of CSALs in February 2018, it reported it would wait until March 19, 2018 to start issuing Scheduling Letters. True to their word, we have learned that Scheduling Letters have...more

FTC to Investigate Facebook’s Use of Personal Data

by White and Williams LLP on

Allegations that Facebook allowed a data analytics company to mine the information of at least 50 million Americans have led to the opening of a Federal Trade Commission (FTC) investigation as to whether the company breached...more

Blog: Report On International Disclosure Of “Key Audit Matters”

by Cooley LLP on

This study conducted by the Association of Chartered Certified Accountants reports on the results of a year of international reporting of “key audit matters,” the International Auditing and Assurance Standards Board’s analog...more

Is the Pay Gap a Sickness in Your Healthcare Organization? How Healthcare Employers Can Tackle Gender Pay Disparities

In 2017, a number of cases were filed in federal court in various states by female doctors claiming their employers paid them less than allegedly comparable male doctors. At least one of these cases was conditionally...more

How to Stop a Steam Roller: Defending the Veterans Affairs Audit by CGI Federal

by Nexsen Pruet, PLLC on

Recently, my team has experienced a wave of audit defense cases crashing through our door. Our clients are numerous private, specialty practices across the country that believed they were honoring our veterans and sharing...more

OFCCP’s New Directive On Predetermination Notices Gives Contractors A Second Chance

Effective February 27, 2018, the Office of Federal Contract Compliance Programs (OFCCP), which is charged with ensuring federal contractors and subcontractors provide equal employment opportunity, issued Directive 2018-01,...more

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