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Compliance Misclassification

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Williams Mullen

Top 10 Employment Compliance Pitfalls for Emerging Companies

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Whether you are a founder or a manager, growing a company from scratch is an exciting process. For most companies, this process will involve the hiring and management of employees at a rapid pace....more

The Volkov Law Group

Avoiding the Misclassification Mess—Practical Solutions for Managing Your Trade Compliance Program

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Recent comments from the top leadership of both the Directorate of Defense Trade Controls (“DDTC”) and Bureau of Industry and Security (“BIS”) during a government and defense industry conference last week should give all...more

Foley & Lardner LLP

International Trade, Enforcement & Compliance Recent Developments Update (October 25, 2023)

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A veritable grab bag of international trade developments to parse this week. Recent developments include increasing FCPA enforcement, a record OFAC economic sanctions penalty, and a large customs penalty for willful failure...more

Perkins Coie

August Tip of the Month: NLRB Decision Modifies Independent Contractor Analysis

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On June 16, 2023, the National Labor Relations Board issued a decision reinstating an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act....more

PilieroMazza PLLC

Clocking in with PilieroMazza: The NLRB Strikes Again: Reasons to Revisit Independent Contractor Classifications

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Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s new podcast “Clocking in with PilieroMazza: Labor and Employment News for...more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

Venable LLP

The Loud Legal Issues Hiding Behind “Quietly Quitting” Employees

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​​​​​​​Quiet quitting can happen in virtually any workplace and has become a buzzword to describe employees who perform the bare minimum required by their job, yet still work enough to avoid a termination for job abandonment....more

Foley & Lardner LLP

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

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Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

ArentFox Schiff

Prepare Now to Capitalize on the Next M&A Opportunity

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Now is the time to review your internal contracts, procedures, marketing materials, and policies and prepare your company to capitalize on the next opportunity. With the international supply chain disrupted because of...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Rosenberg Martin Greenberg LLP

Have Your Employees Been Misclassified as Independent Contractors?

Now May Be the Perfect Time to Address Compliance in Order to Maximize the Benefits of the Paycheck Protection Program and the Employee Retention Credit - Whether mandated by the government or as a result of economic...more

The Volkov Law Group

Are Unpaid Interns Worth the Cost (and the Risk)?

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It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Reporting & Compliance and Corporate Governance Series

On February 13, 2018, Skadden hosted a webinar titled “ SEC Reporting & Compliance and Corporate Governance Series: Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” Executive...more

Fenwick & West LLP

Federal Minimum Salary Increases for Exempt Workers Take Effect December 1, 2016

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If you have not audited your exempt employee pay practices for compliance with the federal Department of Labor’s rules announced earlier this year, you have just under two weeks to do so. Starting December 1, 2016, the...more

NAVEX

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

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The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

NAVEX

6 Resources for Complying with New FLSA Overtime Rules

NAVEX on

The sweeping new Fair Labor Standards Act (FLSA) regulations that go into effect December 1, 2016 will impact all organizations with exempt employees. That means nearly all organizations — and virtually all companies — must...more

Best Best & Krieger LLP

Uber Employee Classification Class Action Could Impact All Employers

From Payroll Taxes to Sick Leave Laws … Federal Ruling Could Be Game Changer for Sharing Economy - A federal judge’s decision last week to certify a class of California Uber drivers in their lawsuit claiming Uber has...more

McNees Wallace & Nurick LLC

Workers’ Compensation Update: Commonwealth Court Clarifies “Written Contract” Requirement for Independent Contractor...

In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the...more

Akerman LLP - HR Defense

FLSA: Changes Continue to Affect Employers

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more

Carlton Fields

An HR Challenge: Finding and Fixing Overtime Misclassifications in 4 Steps

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In light of the United States Department of Labor’s (“DOL”) June 30, 2015 report and proposed amendments to the salary portion of the ‘white collar’ exemptions that would more than double the minimum salary of those exempt...more

Neal, Gerber & Eisenberg LLP

Employer Wage and Hour Headaches Continue in 2015

The trend of wage and hour developments facing employers continues in 2015 with the U.S. Department of Labor (DOL) recently issuing a proposed rule that would update the regulations governing the white collar exemptions to...more

Littler

Lawmakers Introduce Worker Misclassification Legislation

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Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker...more

Saul Ewing LLP

DOL: Most Workers are Employees Under the FLSA

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“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more

Stinson LLP

U.S. Department of Labor's New Guidance on Independent Contractors Highlights a Key Risk Area for Employers

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Businesses should carefully assess any independent contractor arrangements in light of an “Administrator’s Interpretation” issued on July 15, 2015 by the U.S. Department of Labor’s Wage and Hour Division (DOL). While the...more

Carlton Fields

DOL Guidance Suggests Many Independent Contractors are Misclassified and Should be Covered by The FLSA

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On July 15, the Department of Labor’s Wage Hour Division (WHD) issued guidance on how to identify employees who are misclassified as independent contractors. In a 15-page administrator’s interpretation (AI), WHD head David...more

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