Editor’s Note

Having an effective compliance program is important for any corporation. A compliance officer is the center of the employers’ efforts to identify, hire, and retain the people the organization needs to execute its strategy and achieve its goals. Internal compliance to safety, wages, employee benefits, compensations, and employee protection will create a positive environment in the work area. Employees are more keen to work when they feel they are well compensated for their efforts and that they are safe within the business’ reach.

Business Visas Vs. Work Permits: For expat workers

The immigration policies of most countries offer two distinct choices for companies sending staff on international assignment. For staff engaged in longer or more involved assignments a work permit is typically required, while shorter visits can be covered with a normal business visa.

Legal and Compliance Excellence January 2016 Advertisers

HIV And Employee Rights: What EEOC has to say

HIV has been a topic of conversation for the past couple of weeks, in part due to Charlie Sheen’s public disclosure of his HIV-Positive diagnosis. On its heels, the Equal Employment Opportunity Commission (EEOC) published two documents on December 1, 2015, addressing the rights of applicants and employees with HIV under the Americans with disabilities Act (ADA), and the ways in which doctors can assist employees seeking reasonable workplace accommodations.

Employee Classifications: Are you aware of the upcoming changes?

In June 2015, the U.S. Department of Labor (DOL) released proposed rules that will significantly expand the number of employees who may be eligible for overtime under the Fair Labor Standards Act (FLSA). The DOL estimates that its proposed rules would cause approximately five million employees who currently are exempt to become “non-exempt,” and thus entitled to overtime pay for all hours worked over 40 in a workweek.

Fostering A Discrimination-Free Workplace: Five tips to follow

Canada is still trailing many countries when it comes to discrimination in the workplace. According to a recent Workmonitor survey from Randstad, 26% of Canadian respondents have been subjected to discrimination based on their age, gender (22%), race (17%), sexual orientation (16%) and religion (16%) among the other types of discrimination respondents have felt at work. This puts Canada behind at least 15 of 34 countries polled on these issues – a stat that I am sure most Canadians will agree is unacceptable.

ACA Employer Reporting: Simplifying the play or pay provision

Implementation of the Affordable Care Act, with its increased regulations, has many employers facing escalated complexity related to compliance. In this article, we break down the details of the new mandate.

OFCCP Audit: Key questions to assess your readiness

The Office of Federal Contract and Compliance Programs (OFCCP) averages roughly 4000 audits per year. Will your organization be ready? Can you relate to the many organizations that tend to quickly write their Affirmative Action Plans without securing time to clean the data and ensure accuracy? Then, when the audit notice arrives, there is a scramble to clean and submit the data.

When Employment Termination Goes Wrong!: What does Act-102 say about excessive overtime?

In a recent opinion, the Pennsylvania Superior Court upheld a judgment in favor of a healthcare employee that alleged wrongful termination of employment following her repeated refusal to work mandatory overtime. The judgment included damages of $121,869.93 and an order reinstating the employee to her former position.

Smartphone Use And Overtime Pay: What you need to know

I first wrote about the possibility of employees seeking unpaid overtime for time spent away from work checking emails on mobile devices all the way back in 2007, and have kept writing about it since (for example, here and here). Now, more than eight years later, we finally have the first judicial decision on whether non-exempt employees are owed overtime or other compensation for this off-the-clock time. The result is a mixed bag for employers.