Compliance Stuff

  Immigration enforcement across the country has raised tensions at workplaces across all industries, with federal officials ratcheting up the pressure – what if your business is next? This Insight will provide you with a detailed playbook: proactive steps to take to minimize the chances that you’ll face an immigration audit or raid, and practical steps to consider should immigration officials arrive at your workplace . We’ve also created two checklists for you to use as a recap for the key pieces of guidance. ⚠️ Before We Begin: Know The Risks   Employers that commit immigration violations face significant penalties: Civil Fines : Up to $2,861 per I-9 violation, up to $5,724 for knowingly hiring undocumented workers, and up to $28,619 per worker for repeat offenders. Criminal Penalties : Business leaders can face up to 10 years in prison and $250,000 in fines for knowingly employing undocumented workers. Asset Seizure : Conviction may trigger forfeiture of assets and profits ...

On May 9, President Trump issued a new Executive Order ( EO ) titled “Fighting Overcriminalization in Federal Regulations” to address criminal enforcement of regulatory offenses, particularly strict liability offenses where the offender need not have had a culpable state of mind to be convicted. On the whole, the EO discourages the criminal enforcement of regulatory offenses except “where a putative defendant is alleged to have known his conduct was unlawful.” The impact of the EO is not yet clear, but it could have wide-ranging implications. The  EO  is meant to tackle what it deems an “absurd and unjust” system in which people are not always aware that their conduct could criminally violate federal regulations due to the “drastically overregulated” system of government . According to the EO, the Code of Federal Regulations (CFR) contains over 48,000 sections and 175,000 pages, which is “far more than any citizen can possibly read, let alone fully understand.” As a resul...

  The federal government made headlines last week by rolling back a slew of workplace obligations, but employers should be prepared for heightened requirements at the state and local level . Indeed, blue states are expected to up their game this year in resistance to the Republican trifecta in the White House, Senate, and House – and pay transparency will continue to be one of the hottest topics. This trend has already impacted many businesses in various locations across the country, and we think more employers will be grappling with new compliance obligations by the end of the year. Here’s what you need to know about pay transparency laws and five tips for compliance.   If you want to learn more,  register here for our February 5 webinar , Money Matters: Pay Transparency Unveiled and Practical Approaches for Employers. 1. Keep Up with the Patchwork of New State Laws In addition to rules on equal pay for equal work, many states are now requiring employers to disclose sala...

Just days into the newest Congressional session, a key Republican Senator shocked many employers by pushing for a law that would significantly tilt the playing field to the benefit of unions and labor advocates. Senator Josh Hawley’s (R-MO) “Pro-Worker Framework,” revealed on January 10, calls for pro-labor changes historically advocated for by Democrats and mirrors many aspects of the proposed PRO Act that has been long championed by labor leaders. Is this the beginning of a true labor revolution that will upend the traditional status quo, a plan destined to go nowhere, or something in between? Here are the seven key sections of the proposal and our thoughts about what to expect in the coming months. Quick Background We’ve seen many signs that the incoming administration and certain Republican lawmakers will take a more populist and worker-friendly approach than has been associated with conservative policymakers in the past. Not only did the President-elect nominate a  self-avowed...

  The IRS has announced increased employer mandate penalties for ALEs under the ACA for 2024. Learn the new rates and help on how to stay current with your ACA requirements. It may seem like you are just getting into a groove for 2023, but with penalties for ACA noncompliance rising, employers must pay attention to and prepare for increasing penalties and parameters for 2024. The Internal Revenue Service  has revealed increased employer mandate penalties for non-compliant applicable large employers (ALEs) under the Affordable Care Act (ACA) for 2024. With these penalties for noncompliance rising, it is vital employers pay close attention to the changing parameters around ACA regulations. As the 2022 reporting season finishes up, all eyes should be on ACA requirements and regulations for 2023 and 2024. What is changing in 2024? Noncompliance penalties are increasing for 2024. Penalty A will increase from $2,880 ($240/month) in 2023 to $2,970 ($247.50/month). Penalty B will incr...

  New Jersey could be the next state to enact a pay transparency law – which means employers should have an action plan ready for compliance. New Jersey already has one of the most robust pay equity laws in the country, and a bill that unanimously passed the state’s Senate would add to employers’ obligations. If passed by the Assembly and signed by the Governor, the law would require you to disclose certain compensation and benefits information in job listings   and   for promotional opportunities. What do you need to know about this pending legislation and what should New Jersey employers do next to prepare? Background on New Jersey’s Pay Equity Law Pay Protections.  New Jersey’s  Diane B. Allen Equal Pay Act  made history as the most expansive pay equity law in the country when it was first enacted in 2018. Under this law, which added to the Law Against Discrimination (LAD), employers are prohibited from paying wages to a member of a protected class at ...