Appeals court revives new homecare worker rules on minimum wage, overtime

August 25, 2015 - by: Tammy Binford 0 COMMENTS

A new rule from the U.S. Department of Labor (DOL) requiring minimum wage and overtime pay for many homecare workers is set to take effect after a ruling from the U.S. Court of Appeals for the District of Columbia Circuit.

The DOL instituted a rule in 2013 that removed the domestic service exemption for homecare workers hired by third-party agencies. Previously, workers providing companionship or live-in care for the elderly and disabled were exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) even if they were employed by a third party.

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Time running out to make comments on proposed overtime rule

August 03, 2015 - by: Tammy Binford 0 COMMENTS

Employers wishing to make their views known on a proposed rule aimed at making nearly five million more workers exempt from the Fair Labor Standards Act (FLSA) and therefore eligible for overtime pay have through September 4 to submit comments.

The U.S. Department of Labor (DOL) released a proposed rule on July 6 that would guarantee overtime pay to most salaried white-collar workers earning less than an estimated $970 a week ($50,440 a year) in 2016. Currently, the salary threshold for an employee to be exempt from the FLSA is $455 a week ($23,660 a year). The salary threshold was last revised in 2004.

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New guidance signals tougher stance on independent contractor classification

July 15, 2015 - by: Tammy Binford 0 COMMENTS

A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors.

On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 to analyze how the FLSA determines whether an individual should be classified as an employee or an independent contractor.

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DOL’s proposed rules to swell ranks of overtime-eligible employees

June 30, 2015 - by: Tammy Binford 1 COMMENTS

The U.S. Department of Labor’s (DOL) release of new proposed rules regulating who is eligible for overtime pay has employers scrambling to determine how many of their workers will need to be reclassified when new regulations take effect.

Currently, the salary threshold for an employee to be exempt from the Fair Labor Standards Act (FLSA) is $455 a week ($23,660 a year). That figure was last revised in 2004. The new proposed rule puts the floor at an estimated $970 a week ($50,440 a year) for 2016.

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Proposed FLSA overtime regs go to OMB for review

May 06, 2015 - by: HR Hero 0 COMMENTS

by Susan Prince

The U.S. Department of Labor (DOL) has submitted proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations to the Office of Management and Budget (OMB) for review. The new regulations will increase the number of employees nationwide who qualify for overtime. Employers, get ready because the changes will likely have a substantial effect on your workforce. Many employees who qualify for an exemption from overtime right now will be entitled to overtime once the regulatory changes are finalized.

How we got here

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Proposed West Virginia regulations spell change to wage and hour landscape

by Rodney Bean

The West Virginia Division of Labor (DOL) has proposed emergency regulations that, if enforced in their present form, could force West Virginia employers to change by December 31 a number of common wage and hour practices that comply with long-standing federal regulations.

Although the state DOL’s emergency rules purport to adopt vast portions of federal Fair Labor Standards Act (FLSA) regulations, they simultaneously impose several new rules that contradict or otherwise differ from those same federal regulations, particularly as they relate to the determination of what constitutes compensable working time.

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Massachusetts set for highest minimum wage in U.S.

by Susan G. Fentin

Massachusetts is set to soon have the highest minimum wage in the country. On June 26, Governor Deval Patrick signed a bill that will raise the state’s minimum wage from $8 per hour to $11 an hour by 2017, the highest statewide minimum wage in the country and a full 50 percent higher than the current federal rate of $7.25 per hour.

The new law puts Massachusetts ahead of Vermont, which enacted a law on June 9 raising its minimum wage to $10.50 by 2018. Before the Massachusetts action, Vermont was poised to have the highest minimum wage in the country. Washington state has the highest current minimum wage—$9.32 per hour.

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DOL issues proposed rule on $10.10 minimum wage for federal contractors

June 13, 2014 - by: Tammy Binford 0 COMMENTS

U.S. Secretary of Labor Thomas E. Perez announced a proposed rule on June 12 that will raise the minimum wage for workers on federal service and construction contracts to $10.10 per hour. The proposed rule implements the executive order President Barack Obama announced on February 12.

The proposed rule provides guidance and sets standards for employers concerning coverage, including coverage of tipped employees and workers with disabilities. It also establishes an enforcement process, according to an announcement from the U.S. Department of Labor (DOL). The DOL’s proposed rule includes an economic analysis showing that nearly 200,000 workers will see the increase.

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New executive actions target equal pay for women

April 08, 2014 - by: Tammy Binford 2 COMMENTS

President Barack Obama is once again using executive action related to the pay American workers earn. A White House fact sheet says the actions are aimed at fighting pay discrimination and strengthening enforcement of equal pay laws.

In one action, Obama signed a presidential memorandum instructing Secretary of Labor Tom Perez to establish new regulations requiring federal contractors to submit more data to the U.S. Department of Labor (DOL). The president wants the DOL to collect summary data on compensation paid to employees, including data by sex and race.

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Obama pushing to make more workers eligible for overtime

March 12, 2014 - by: Tammy Binford 0 COMMENTS

The latest development in President Barack Obama’s continuing effort to boost pay for low-wage workers is coming in the form of a plan to increase the number of workers who  are eligible for overtime pay.

A March 11 report on The New York Times website says Obama will direct the U.S. Department of Labor (DOL) to change its regulations so that fewer workers will be ineligible for overtime pay because of their classification as executive or professional employees.

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Categories: DOL / Federal Regulations / FLSA

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