OCEG | Open Compliance and Ethics Group

Federal agencies have issued policies that require immediate response to claims of sexual harassment in the workplace; however, claims of non-sexual harassment have not received similar attention.

Q & A on such matters as vacation pay, raises and evaluations, breaks, hours allowed, and weekend and night pay.Posted by the Department of Labor, Wage and Hour Division (WHD.)

This memorandum provides interim field guidance regarding the impact of the Department of Labor’s (DOL) final rule, Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity, (“DOL final rule”), on determining labor certification validity and the prohibition of the filin

This Supplement addresses compliance with wage and hour issues, which were once perceived as a relatively minor risk for most employers, but have risen to the forefront of workplace consciousness.  

Each farm labor contractor, agricultural employer and agricultural association which is subject to the MSPA and who employs any migrant or seasonal agricultural worker(s) shall post and keep posted in a conspicuous place at the place of employment a poster prepared by the Department of Labor which explains the rights and protections for workers required under the Migrant and Seasonal Agricultural

The Office of Disability Employment develops disability-related employment policy as well as practice affecting the employment of people with disabilities.

Summary: When employers improperly classify workers as independent contractors instead of employees, those workers do not receive protections and benefits to which they are entitled, and the employers may fail to pay some taxes they would otherwise be required to pay.

75 Federal Register 28368 (May 20, 2010); Effective Date June 21, 2010

This Supplement addresses the risks and compliance issues that arise when employing a contingent workforce.

Posted by the U.S. Office of Special Counsel, this poster bullet-points actions an employer may not take against an employee in a whistleblowing situation.

The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions.

The definition in section 3(r) [The Act] specifically provides that the “enterprise” shall not include “the related activities performed for such enterprise by an independent contractor.” This exclusion will apply where the related activities are performed “for” the enterprise and if such activities are performed by “an independent contractor.” This provision is discussed generally in part 776

It is critical that businesses correctly determine whether the individuals providing services are employees or independent contractors. Generally, a company must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. Companies do not generally have to withhold or pay any taxes on payments to independent contractors.

This Supplement addresses the risks and compliance issues that arise when a business moves its executives and employees from country to country.

Job Rights for Veterans and Reserve Component Members.

Introduction: On January 21, 2011, in Collins v. Gee West Seattle, the Ninth Circuit Court of Appeals held that the Worker Adjustment and Retraining Notification (“WARN”) Act’s 60-day plant closing notice requirement could be triggered despite the fact the employer terminated fewer than 50 employees on the day it closed its doors.

An operations manual that provides Wage and Hour Division (WHD) investigators and staff with interpretations of statutory provisions, procedures for conducting investigations, and general administrative guidance. This chapter defines the employment relationship and the scope of the term "employee" under the FLSA.

Grandfathered health plans will be able to make routine changes to their policies and maintain their status.  These routine changes include cost adjustments to keep pace with medical inflation, adding new benefits, making modest adjustments to existing benefits, voluntarily adopting new consumer protections under the new law, or making changes to comply with State or other Federal laws.&nb

This Supplement addresses the risk,compliance and ethics issues surrounding the subject of labor organization and unionization, which affect all employers, whether or not they have a unionized workforce.

Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O'Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall display a poster prescribed by the Wage and Hour Division explaining the conditions under which special minimum wages may be paid.

From: Christian L. Broadbent, Counsel to Commissioner Elisse B. Walter

Meeting with members and representatives of National Whistleblowers Center (“NWC”) The agenda and other materials submitted are attached to this Memorandum.

Date: March 16, 2011

The scope of the Preemployment Background Screening Guideline is to aid U. S. employers in understanding and implementing the fundamental concepts, methodologies, and related legal issues associated with the preemployment background screening of job applicants.

The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information; the HIPAA Security Rule, which sets national standards for the security of electronic protected health information; and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety event

Job-Related Accidents or Misconduct - Under a legal doctrine sometimes referred to by the fancy title "respondeat superior," an employer is legally responsible for the actions of its employees. However, this rule only applies if the employee is acting within the course and scope of employment.

Summary: Most Americans with private group health insurance are covered through an employer, coverage that is generally provided to active employees and their families. A change in an individual’s work or family status can result in loss of coverage.

Selected stories are available from the current issue. Links to all stories in current edition will be active 30 days after issue date.

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.

Hearing on June 17, 2003, U.S. House of Representatives, Subcommittee on Financial Institutions and Consumer Credit, Committee on Financial Services. The first panel of this hearing focused on the application of FCRA to employee screening and other background checks, and the proceeding is part of the history regarding the recent Fair Credit Reporting Act Amendments.

75 Federal Register 37188 (June 28, 2010); 26 CFR Parts and 602, 29 CFR Part 2590, 45 CFR Parts 144, 146, and 147; Effective Date: August 27, 2010

The Department of Labor's Employment Standards Administration's Wage and Hour Division (WHD) administers and enforces the federal child labor laws.

Summary: The Patient Protection and Affordable Care Act (PPACA, P.L. 111-148, March 23, 2010) is a recent and particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. This report identifies more than 40 provisions in PPACA (as amended by the Health Care and Education Reconciliation Act of 2010, P.L.

VETS provides veterans and transitioning service members with employment resources and services, and protects their employment rights under the authority of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA.)

Section 409A of the American Jobs Creation Act of 2004 mandates specific requirements for nonqualified deferred compensation plans in order for recipients of the deferred compensation to avoid the immediate inclusion in income of vested benefits, the imposition of a 20 percent penalty, and an interest charge.

The Metropolitan Corporate Counsel; Minich, Dennis A.; July 5, 2010

For federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans.

This white paper discusses: - The Role of the Chief Compliance Officer: Integrating Employment and Labor Law Compliance into the Corporate Compliance Initiative and Learning the New Language of Compliance - A World Class Standard for Crisis Management in the Workplace: Implementing the American National Standard on Disaster/Emergency Management and Business Continuity Programs (NFPA 1600)

This fact sheet provides a summary of the FLSA's recordkeeping regulations, 29 CFR Part 516.

Introduction: On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law. Dodd-Frank eliminates a number of defenses employers have used to defeat whistleblower claims under Section 806 of the Sarbanes-Oxley Act.

Several federal laws determine the conditions under which an employer may require a job applicant or newly hired employee to undergo certain tests before making a decision on whether or not to hire the applicant or before scheduling the new hire for work.

SUMMARY: This document contains an interim final regulation under the Employee Retirement Income Security Act of 1974 (ERISA or the Act) requiring that certain service providers to employee pension benefit plans disclose information to assist plan fiduciaries in assessing the reasonableness of contracts or arrangements, including the reasonableness of the service providers’ compensation and pot

Equal employment opportunity (EEO) laws prohibit specific types of employment discrimination. These laws prohibit discrimination on the basis of race, color, religion, sex, age, national origin, or status as an individual with a disability or protected veteran.

Introduction: "The ACFE's 2010 Report to the Nations on Occupational Fraud and Abuse is based on data compiled from a study of 1,843 cases of occupational fraud that occurred worldwide between January 2008 and December 2009. All information was provided by the Certified Fraud Examiners (CFEs) who investigated those cases.

This Guide describes the statutes and regulations administered by the U.S. Department of Labor (DOL) that affect businesses and workers. The Guide is designed mainly for those needing "hands-on" information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses in general industry.

Vol. 17 Heads Up Issue 30 (Seotember 2, 2010)

Title VII of the Civil Rights Act (Title VII) prohibits harassment of an employee based on race, color, sex, religion, or national origin. The Age Discrimination in Employment Act (ADEA) prohibits harassment of employees who are 40 or older on the basis of age, and the Americans with Disabilities Act (ADA) prohibits harassment based on disability.

Purpose: The FASB is issuing this proposed Update to obtain feedback from stakeholders on its proposed amendments for disclosing additional information about an employer’s participation in a multiemployer plan (for example, for pension or retiree healthcare).

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.