Employment/Labor (U.S.)

Welcome to the U.S. Employment & Labor community group.  This group addresses all GRC issues that arise for companies that must address employment and labor requirements and risks in the United States. In addition, there are several community groups that address specific aspects of employment as they arise both in the U.S. and globally.

29 CFR Part 779.233 - Independent contractors performing work for an enterprise. resource National Regulations Member contributionOCEG Reviewed

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

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A Guide to Wage and Hour Compliance in 2007: Cutting-Edge Strategies from the Nation's Top Experts event WebinarOCEGFree Recorded
Tuesday November 06, 2007 3:00pm
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A live encore presentation: Wage and hour class actions have emerged as one of the most significant employment law trends of this decade. They now outnumber all other employment class actions combined. And with more than 80% of employers out of compliance with federal and state laws, this trend will continue.
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ACFE's 2010 Report to the Nations on Occupational Fraud and Abuse resource Research / Studies OCEG Reviewed

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.

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Ask the Commissioner: Global Migration and Immigration event WebinarOCEGFree Recorded
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 OCEG is pleased to announce a new program series called “Ask the Commissioner” where OCEG’s CEO Scott L. Mitchell and Commissioner Michael Horowitz, Esq. discuss upcoming and other important issues before the United States Sentencing Commission (USSC).
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Best Practices of Private Sector Employers - EEOC Task Force Report (1997) resource Research / Studies Member contributionOCEG Reviewed
Task Force Report on "Best" Equal Employment Opportunity Policies, Programs, and Practices in the Private Sector." (December 1997) The Task Force set out to look at noteworthy business practices by which employers are complying with their EEO obligations and diversity objectives.
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CRS Report for Congress - Health Insurance Continuation Coverage Under COBRA (Updated March 29, 2005) resource Research / Studies Member contributionOCEG Reviewed
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.
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Dodd-Frank Strengthens Whistleblower Rights, Diminishes Employer Defenses (August 2010) resource Articles OCEG Reviewed

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.

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Does your Company’s Internet Policy Comply with Labor Law? (2010) resource Articles OCEG Reviewed

Summary: A recent complaint issued by a Regional Director of the National Labor Relations Board (“NLRB”) poses a new challenge for employers attempting to control their employees’ use of the internet. Facebook, LinkedIn, Twitter, blogs, and other internet postings have grown exponentially in recent years, both at home and at work.

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DOJ, Charge Form for Unfair Immigration-Related Employment Practices resource Forms Member contributionOCEG Reviewed

This charge form is to be used only to file a charge alleging an unfair immigration-related employment practice in violation of 8 U.S.C. §1324b. This charge form must be filed with the Office of Special Counsel for Immigration Related Unfair Employment Practices.

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DOL - Compliance Assistance, Employee Polygraph Protection Act (EPPA) resource Agency Guidances Member contributionOCEG Reviewed

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.

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