New Jersey Bans Help Wanted Ads That Shun the Unemployed

The Equal Employment Opportunity Commission (EEOC) earlier  this year held a series of meetings to look into the issue of businesses' refusing to hire the unemployed and blatantly announcing so in their help wanted advertisements. Now, New Jersey has taken matters into its own hands and outlawed ads that exclude the unemployed, whether the ads […]

Read the rest of this entry »
GoTo top Top

DOL Seeking Comments on Electronic Disclosure Rules

Under a 2002 electronic safe harbor rule, benefit plan administrators can use electronic delivery methods for summary plan descriptions, benefit statements, administrative forms, annual notices and the like. However, the safe harbor places various restrictions on the use of electronic delivery. For instance, merely posting the information on an intranet site is not deemed sufficient, […]

Read the rest of this entry »
GoTo top Top

Wage, Hour, Overtime Settlements Fall in Dollar Value But Rise in Frequency

Wal-Mart is all over the news as the U.S. Supreme Court decides whether to let a massive class-action, gender-discrimination lawsuit with the potential for a multi-million-dollar judgment to go forward. Meanwhile, NERA Economic Consulting has pored through public records of 187 settlements based on wage-and-hour violations from 2007 to 2010 and found that, though the […]

Read the rest of this entry »
GoTo top Top

Jury Verdict Ignores DOL Administrator’s Interpretation

In March 2010 the Department of Labor (DOL) issued an Administrator's Interpretation (AI) declaring that mortgage loan officers are hourly workers subject to overtime pay and not exempt employees on a salary or commission schedule. Just this past month, however, a federal jury concluded that 350 mortgage loan officers employed by Quicken Loans are indeed […]

Read the rest of this entry »
GoTo top Top

DOL Issues Final Rule to Consolidate Changes to FLSA

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today published a Final Rule in the Federal Register to consolidate amendments and update the content of the Fair Labor Standards Act (FLSA) of 1938. These "clean-up regulations" take into account amendments to the FLSA passed as far back as 1974, though many […]

Read the rest of this entry »
GoTo top Top

PPACA Compliance Deadline Extended on Claims Procedures

The Departments of Labor, Health and Human Services and Treasury keep extending the compliance deadline of a provision of the Patient Protection and Affordable Care Act (PPACA) affecting non-grandfathered health insurance plans. PPACA originally set the deadline for Jan. 1, 2011, but before that date even rolled around, it was extended to July 1, 2011. […]

Read the rest of this entry »
GoTo top Top

DOL Creates Web Portal for Comments on Existing Regulations

The Department of Labor (DOL) has created a Web tool to solicit public commentary on "Improving Regulation and Regulatory Review," the Obama initiative issued on Jan. 18, 2011. The new portal is for comments on existing DOL regulations and reporting requirements, with the goal of streamlining and simplifying. The DOL announcement gives these guidelines: In […]

Read the rest of this entry »
GoTo top Top

EBSA to Hold Hearings on PPACA Automatic Enrollment Mandate

The Employee Benefit Security Administration (EBSA) will hold public hearings on April 6 to discuss the automatic enrollment provision of the Patient Protection and Affordable Care Act (PPACA). PPACA inserts a provision in the Fair Labor Standards Act (FLSA) requiring businesses with 200 or more employees to automatically enroll all employees into a health plan, […]

Read the rest of this entry »
GoTo top Top