News & Analysis as of

Audits Compliance Department of Labor (DOL)

Harris Beach Murtha PLLC

Top Ten Tips for I-9 Compliance

It is widely expected that enforcement of immigration status and work authorization at the employer level will be a top priority of the federal government over the next four years. On-site visits and audits by agencies,...more

BakerHostetler

ICE Raids and Increased Immigration Enforcement Are Here - Is Your Business Prepared?

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With the new Trump administration in place, immigration enforcement is already ramping up. Employers across various industries – including hospitality, agriculture, construction, healthcare and manufacturing – have begun...more

Mitratech Holdings, Inc

I-9 for Staffing Agencies: Top 3 Things You Need to Know

As a staffing agency, it’s important to understand the basics of the Form I-9. Do all new hires require a Form I-9? When should the form be completed and how long do we need to store completed forms? When it comes to...more

Holland & Hart - Employers' Lawyers

Preparing for Worksite Enforcement Investigations

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?...more

Jackson Lewis P.C.

OFCCP Ordered to Stop All Enforcement Activity and Close Open Audits Under Revoked Executive Order 11246

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In response to President Trump revoking Executive Order 11246, Acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an Order on January 24th, instructing DOL employees including OFCCP to stop all enforcement...more

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

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As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Holland & Hart - Employers' Lawyers

Current Issues in Fall 2024 for PERM Labor Certifications: What Employers Need to Know

As we move through Fall 2024, employers navigating the PERM labor certification process face a range of challenges. The process—essential for sponsoring foreign workers for permanent residency—has become more complex due to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more

ArentFox Schiff

EPA Finalizes Changes to the Clean Air Act’s Risk Management Program

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On March 1, the US Environmental Protection Agency (EPA) announced finalized amendments to the Clean Air Act’s Risk Management Program (RMP) through the Safer Communities by Chemical Accident Prevention Rule (Final Rule). ...more

Stark & Stark

[Event] RIA Compliance and Legal Strategies Conference - November 9th, Hamilton, NJ

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The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 4 CFP CE...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Foley & Lardner LLP

For Federal Contractors: OFCCP Portal Open for Business to Certify 2023 Affirmative Action Program Compliance

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On March 20th, the Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal for certification of contractor affirmative action program compliance...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Stark & Stark

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

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The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE...more

Perkins Coie

OFCCP Issues Revised Compensation Data Directive

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Federal contractors should remain vigilant in how they structure and conduct internal pay equity audits to ensure compliance with newly revised federal guidance. On August 18, 2022, the U.S. Department of Labor’s (DOL) Office...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP softens controversial Directive on “pay equity” audits

Some relatively good news from the OFCCP. The Office of Federal Contract Compliance Programs revised its Directive around contractors’ evaluations of their compensation systems. Directive 2022-01, formerly titled “Pay...more

Foley & Lardner LLP

401(k) Compliance Check #7: Five Administrative Policies Every 401(k) Plan Needs

Foley & Lardner LLP on

To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article discusses some of the policies that are important for...more

Jackson Lewis P.C.

Clarification on OFCCP’s New Compensation Directive 2022-01

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Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new...more

Perkins Coie

OFCCP Directive on Internal Pay Equity Audits Takes on Privilege Claims

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Federal contractors who conduct pay equity audits under attorney-client and work product privileges face increased risks under a new directive by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance...more

Verrill

Required Minimum Distributions and Missing Plan Participants

Verrill on

In January of 2021, we published two blog posts regarding Department of Labor (“DOL”) guidance on missing retirement plan participants. The first post describes DOL guidance on best practices for locating missing retirement...more

Perkins Coie

ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

Perkins Coie on

Overview of ESD Audits - The Washington State Employment Security Department (ESD) audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the...more

Amundsen Davis LLC

IDOL On The PROWL: Looking At Non-Union Contractors To Debar For Technical Violations Of The Illinois Prevailing Wage Act

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Contractors beware – the Illinois Department of Labor (IDOL) has ramped up audits of contractors as labor unions and related organizations flood the IDOL with “complaints. Remember, under the Illinois Prevailing Wage Act...more

Sheppard Mullin Richter & Hampton LLP

The Clock is Ticking on MHPAEA Compliance

State and federal regulators, Congress, and the plaintiffs’ bar are increasingly focused on compliance with the Mental Health Parity and Addiction Equity Act (MHPEA), particularly given the opioid epidemic and COVID-19’s...more

PilieroMazza PLLC

Compliance and Your Business: Managing SCA Costs and Liability

PilieroMazza PLLC on

Compliance with the Service Contract Act (SCA), now referred to as the Service Contract Labor Standards, is a challenge for many companies. Understanding applicability, wage determinations, health and welfare benefits, and...more

Jaburg Wilk

Department of Labor Audit, Now What?

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The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

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