DOL/EBSA Advisory Opinions, 1992 - present resource Agency Guidances Member contributionOCEG Reviewed
Requests for interpretations and other rulings under Title 1 of ERISA are handled by the Office of Regulations and Interpretations under the provisions established by ERISA Procedure 76-1. The office answers inquiries from individuals and organizations in the form of advisory opinions, which apply the law to a specific set of facts, or information letters, which merely call attention to well established principles or interpretations.
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Demystifying the Immigration Process to Enhance Recruitment in the Global Environment (2007) resource Articles Member contributionOCEG Reviewed
International recruitment has become a necessity rather than an alternative for many companies. As more U.S. corporations turn their attention abroad for skilled talent, HR professionals are faced with the growing challenge of navigating the confusing and time consuming U.S. immigration process.
August 8, 2007
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Accommodating Disabled Employees: A Guide To The Good Faith Interactive Process (2007) resource Articles OCEG Reviewed
The Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101 et seq. , requires a company to "reasonably accommodate" the known physical or mental limitations of an "otherwise qualified individual" unless the company can demonstrate that providing accommodations would impose an undue hardship on its business operations.
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Labor Department Clarifies Expanded FMLA Rules (2008) resource Articles OCEG Reviewed
Final Labor Department regulations issued Friday, November 14, resolve numerous questions employers have raised about legislation enacted this year that expands the Family and Medical Leave Act for employees whose family members are in the military.
That new law expands the FMLA in two ways for military families. Under the first expansion, spouses, children, parents or nearest blood relatives can take up to 26 weeks of leave under the FMLA to care for a service member who is injured or becomes ill while on active duty.
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EU, Simplified admission procedures and common set of rights for third-country workers, MEMO/07/422 (October 23, 2007) resource International Materials Member contributionOCEG Reviewed
The Commission adopted a proposal for a Directive on a single application procedure for a single permit for third-country nationals to reside and work lawfully in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. Its aim is to simplify and streamline application procedures by providing a "one-stop-shop" system and to narrow the "rights gap" in terms of work-related socio-economic rights by guaranteeing a common set of rights for all third-country workers residing legally in the EU.
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General Statement as to the Effect of the Portal-to-Portal Act of 1947 on the Fair Labor Standards Act of 1938 (29 C.F.R. Part 790) resource National Regulations OCEG Reviewed
Implementing regulations for the Portal to Portal Act. This federal act establishes a uniform interpretation as to what constitutes compensable working time where travel time to and from work is involved or where certain preliminary or postliminary activity can be construed as work. In general, work starts at the work site unless otherwise provided by contract, custom, or practice.
IRS, 401(k) Plan Potential Mistakes (2007) resource Agency Guidances OCEG Reviewed
In chart format with accompanying explanatory text: Potential Mistake, How to Indentify, How to Correct and How to Avoid.
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CCH Special Report: The Worker, Retiree, and Employer Recovery Act of 2008 resource White Papers OCEG Reviewed
The Worker, Retiree, and Employer Recovery Act of 2008 (H.R. 7327), approved by Congress on December 11, suspends required minimum distributions (RMDs) from 401(k) plans, IRAs and similar retirement accounts for 2009, provides pension plan funding relief, and includes long-awaited technical corrections to the Pension Protection Act of 2006 (PPA) (P.L. 109-280).
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Civil Rights Act of 1991 resource National Laws Member contributionOCEG Reviewed
The text of the Civil Rights Act of 1991 (Pub. L. 102-166), as enacted on November 21, 1991. Official Title:To amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.
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USCIS, ICE Mutual Agreement Between Government and Employers (Image) resource Agency Web Sites OCEG Reviewed
By voluntarily participating in the IMAGE program, companies can reduce unauthorized employment and the use of fraudulent identity documents. As part of IMAGE, ICE and U.S.
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