United Benefit Advisors Insight and Analysis Blog

Nancy Bourque

HR Practice Leader at
United Benefit Advisors

Recent Posts

EEOC Guidance on National Origin Discrimination

Posted by: Nancy Bourque    Jan 31, 2017 9:30:00 AM

Recently, the Equal Employment Opportunity Commission (EEOC) issued new guidance on national origin discrimination. National origin discrimination is discrimination because an individual is, or the individual's ancestors are, from a certain place or has the physical, cultural, or linguistic characteristics of a particular national origin group, including Native American tribes. A member of one national origin group can discriminate against a member of the same group. While many of the previous rules and regulations remain intact, new protections have been added.

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Topics: discrimination, HR compliance, human resources, Title VII, workplace discrimination, national origin

Handling of Retaliation Complaints under Section 1558 of the Affordable Care Act

Posted by: Nancy Bourque    Jan 10, 2017 9:30:00 AM

The Occupational Safety and Health Administration (OSHA) recently released a final rule on the procedures for the handling of whistleblower complaints under Section 1558 of the Patient Protection and Affordable Care Act (ACA). The regulations protect employees (which includes former employees and applicants for employment) who may have been subject to retaliation for seeking assistance under certain affordability assistance provisions, or for reporting potential violations of the ACA’s consumer protections.

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Topics: ACA, Affordable Care Act, OSHA, Nancy Bourque, whistleblower complaints, retaliation, consumer protection

Employment Eligibility: How to Handle Questions about Worker Identity

Posted by: Nancy Bourque    Oct 11, 2016 11:49:35 AM

Reports submitted to the U.S. government that include both names and Social Security numbers (SSNs), such as 1095 and W-2 forms, are filtered through U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security (DHS). In some cases, employers will receive a No-Match Letter or an Employer Correction Request from the Social Security Administration (SSA) for certain employees. ICE will send a similar letter (the Notice of Suspect Documents) after inspection of files during an I-9 audit when discrepancies are noted.

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Topics: Nancy Bourque, employment eligibility, worker identity, no-match letter

Salary Considerations under the New DOL Standards

Posted by: Nancy Bourque    Aug 18, 2016 10:30:00 AM

On December 1, 2016, the Department of Labor (DOL) will implement changes raising the minimum compensation for exempt employees to $47,476 annually. While salary is just half of a two-part equation that includes a duties test of essential job functions, scrutiny is under way to analyze compensation and find solutions to avoid conflict with the new rule. Many employers are asking: Why not just have all employees work 40 hours and get approval for overtime?

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Topics: Nancy Bourque, counting employee hours, Department of Labor salary considerations, exempt employee salary, tracking employee hours

What is Essential? The Madness of Maintaining Job Descriptions Under the DOL

Posted by: Nancy Bourque    Aug 9, 2016 10:30:00 AM

Your new position just got approved and, finally, that mission-critical headcount addition is green-lighted. Celebration ensues until the actual work of finding the ideal candidate begins. The first step is to get a job description. In some cases, a perfectly vetted position analysis and description may exist, one that captures the particulars and purpose of the job. For those not fortunate enough to have a compensation professional providing such information, the search to find the right words to describe the work begins. So launches the journey of a thousand words cut-and-pasted from Indeed.com.

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Topics: employment law, Department of Labor, Nancy Bourque, position descriptions, job descriptions

OSHA Reporting Changes: Employer Checklist

Posted by: Nancy Bourque    Jun 21, 2016 2:55:11 PM

The Occupational Safety and Health Administration (OSHA) has issued sweeping changes to record-keeping and reporting rules. Starting in 2017, employers with as few as 20 employees may be required to electronically report workplace injuries and illnesses on an annual basis, and the information from those reports will be searchable, by employer name, by any member of the public.

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Topics: workplace safety, OSHA, Nancy Bourque, workplace injuries and illnesses, OSHA reporting, covered employer

OSHA's Final Rule on Electronic Tracking of Workplace Injuries and Illnesses

Posted by: Nancy Bourque    Jun 16, 2016 10:30:00 AM

Beginning in 2017, certain employers with as few as 20 employees at a single site will be required to electronically file information about employee injuries and accidents that occurred in the prior year. This means that, for many employers, injuries and illnesses occurring in 2016 will be subject to this change.

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Topics: employee injuries, workplace safety, OSHA, employee accidents, Nancy Bourque, workplace injuries and illnesses