EEOC takes step toward adding pay data to EEO-1 reports

by H. Juanita M. Beecher

On January 29, President Barack Obama announced at a White House ceremony celebrating the Lilly Ledbetter Fair Pay Act that the Equal Employment Opportunity Commission (EEOC) is proposing a new rule to collect pay data through the EEO-1 report. The proposed rule will be published in the Federal Register on February 1.  EEOC-jpg

The proposal calls for revising the current EEO-1 report to collect W-2 compensation and hours-worked data by pay band for employers that have 100 or more employees beginning with the 2017 report. In 2016, all employers will file the currently approved EEO-1 report, and employers with 50 to 99 employees will file the current report after 2016. The pay data is to be grouped in 12 pay bands that are the same pay intervals the U.S. Bureau of Labor Statistics (BLS) uses in its Occupational Employment Statistics survey.

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Independent contractor model survives Lyft settlement

January 28, 2016 - by: Tammy Binford 0 COMMENTS

Lyft, a ride-hailing service that uses independent contractors as drivers, has agreed to settle a proposed class action lawsuit in California by paying $12.25 million and giving drivers certain protections, but the settlement doesn’t call on the company to reclassify its drivers as employees.

The larger ride-hailing service Uber also is facing court action. The Uber lawsuit is certified as a class action and is scheduled for a June trial to determine whether its drivers are employees or contractors.

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New joint-employer guidance puts employers ‘on notice’

January 25, 2016 - by: Tammy Binford 0 COMMENTS

The U.S. Department of Labor’s (DOL) new guidance on joint employment means employers must think ahead when they find themselves in relationships that may fit the definition of “joint employment.”  DOL_logo

In a January 20 post on his blog, David Weil, administrator of the DOL’s Wage and Hour Division (WHD), announced new guidance related to joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act. Weil said the laws share the same definition of “employment,” which was written “to have as broad an application as possible.”

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Not so fast—Judge strikes down Pittsburgh’s paid sick leave ordinance

by Gregory J. Wartman

In November, we reported that Pittsburgh had enacted a paid sick time ordinance for employees working in the city that was scheduled to take effect January 11, 2016 (see “Pittsburgh passes ordinance requiring paid sick time”). On December 21, 2015, a Pennsylvania judge struck down the ordinance, ruling that it is “invalid unenforceable.”

As we reported in November, the Pennsylvania Restaurant & Lodging Association and others filed a lawsuit against the city of Pittsburgh to bar it from implementing the ordinance, which would have entitled workers within the city to up to 40 hours of paid sick time per year. They contended that the Pittsburgh City Council lacked the authority to pass and enforce the law.

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New York Women’s Equality Act takes effect January 19

by Edward O. Sweeney

Several new laws that are part of New York’s Women’s Equality Act take effect on January 19, meaning employers need to understand the new protections related to equal pay, sexual harassment, and familial and pregnancy discrimination in the workplace.  Manager Balancing Out A Female And A Male Worker

One of the new laws amends New York state’s Labor Law § 194, commonly referred to as the Equal Pay Law. The law already requires employers to pay men and women equally for the same work unless they can show that the difference in pay is based on a seniority system, a merit system, a quantity or quality metric, or “any factor other than sex.” The new law replaces the “any factor other than sex” requirement with a “bona fide factor other than sex” requirement.

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Categories: HR Hero Alerts / New York

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Employers get extension on some ACA reporting dates

January 06, 2016 - by: Tammy Binford 0 COMMENTS

The IRS has announced that it has extended the deadline for employers subject to certain reporting requirements necessary under the Affordable Care Act (ACA).

New deadlines have been set for employers subject to Sections 6055 and 6056 reporting requirements:End of the Month

  • The deadline for employers to furnish employees Form 1095-B, Health Coverage, and Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, has been extended to March 31. The previous deadline was February 1.
  • The deadline for filing Form 1094-B, Form 1095-B, Form 1094-C, and Form 1095-C with the IRS has been extended to May 31 for employers filing nonelectronically and to June 30 for employers filing electronically. (Employers filing 250 or more information returns are required to file electronically.)

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New year brings new minimum wage, posting requirements in Portland

by Peter Lowe

A new year means different things for different people, but for Portland employers, the first of the year means a new hike in the minimum wage along with related posting requirements.

The new minimum wage, set at $10.10 per hour for all employees, comes as the result of a municipal ordinance passed in July that went into effect January 1. The ordinance also mandates a wage increase in 2017 (to $10.68) and annual adjustments based on the Consumer Price Index for all years 2018 and beyond.

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Time for California employers to be ready for $10 minimum wage

by Elizabeth J. Boca

The minimum wage in California will increase from $9 to $10 an hour as of January 1. Employers must understand that paying the higher minimum wage alone doesn’t satisfy their obligations because the upcoming increase will spark a domino effect in various compliance areas.  monimum wage increase ahead

Exempt “white-collar” employees. Each time the state minimum wage increases, so does the minimum salary required for exempt white-collar employees. Under Labor Code Section 515, to qualify as exempt from overtime as an executive, administrative, or professional employee, a worker must earn a monthly salary equivalent to at least two times the state minimum wage for full-time employment totaling 40 hours per week, or 2,080 hours per year.

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Texas employers need to be ready for new open carry law

by Laurianne Balkum

A new Texas law allowing individuals with a concealed handgun license to openly carry a gun in a shoulder or hip holster takes effect January 1, but many employers will find they are able to restrict the open carrying of handguns if they so desire.

The new law allows individuals to openly carry handguns in public places, but private places may prohibit handguns. Employers that are private businesses can create and enforce handbook policies that prohibit the carrying (concealed or open) of guns into their workplace.

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Categories: HR Hero Alerts / Texas

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New Oregon data security law takes effect January 1

by Joanna Perini-Abbott

Oregon’s expanded data breach law will take effect January 1, making two significant changes to the old law—a notification requirement and a change in the definition of “personal information.”  Lock that Data Down

Like the old law, the new law requires businesses that maintain personal information digitally, including information about employees, to notify Oregon residents whose electronically stored information has been compromised as soon as the breach is discovered.

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