As new overtime rule nears, questions surface about salary threshold

May 03, 2016 - by: Tammy Binford 2 COMMENTS

by Tammy Binford

As time winds down for the U.S. Department of Labor (DOL) to release its final rule changing who is eligible to collect overtime pay, reports are surfacing that the salary threshold may be somewhat lower than the figure originally proposed but still considerably higher than the level in the current rule.  OvertimeCalcultions

The DOL released a proposed rule in June 2015 that more than doubled the salary requirement for workers to be exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. Under the current regulations, employees are exempt from the FLSA if they are paid a predetermined fixed salary of at least $455 a week ($23,660 a year) and if they perform certain executive, administrative, professional, computer, or outside sales duties.

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Employers should continue using expired Form I-9 until new version is available

April 01, 2016 - by: Holly Jones 0 COMMENTS

The current revision of U.S. Citizenship and Immigration Services (USCIS) Form I-9 expired March 31. However, USCIS has instructed employers to continue using this version of the form until a new revision is approved.

Meanwhile, revisions to Form I-9 have been proposed, but the new form cannot be finalized and adopted until the public has had the opportunity to submit comments on the changes.

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DOL’s new “persuader rule” limits employers’ ability to fight union organizing

March 23, 2016 - by: Tammy Binford 1 COMMENTS

A new rule scheduled to take effect April 25 is seen as placing new limits on employer efforts to fight union organizing drives. The U.S. Department of Labor (DOL) has announced that it will publish its new “persuader rule” in the March 24 Federal Register.

The DOL maintains that the new rule, which requires more disclosure of antiunion efforts, is necessary to ensure transparency during organizing campaigns, but employers worry that it will make it more difficult to communicate to workers their reasons for opposing unionization.

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Supreme Court ruling eases the way for certain class actions

March 22, 2016 - by: Tammy Binford 0 COMMENTS

The U.S. Supreme Court ruled March 22 that the use of statistical evidence to create a class action lawsuit against Tyson Foods was proper, an action that may make it easier for employees in certain situations to band together to sue their employers rather than suing as individuals.

The Court ruled 6-2 in Tyson Foods v. Bouaphakeo that the lower court was correct in allowing employees to use a study performed by an industrial relations expert to establish a class of workers at a Tyson pork processing plant in Storm Lake, Iowa.

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New FLSA overtime rule a step closer to reality

March 16, 2016 - by: Tammy Binford 0 COMMENTS

The U.S. Department of Labor’s (DOL) proposed rule greatly expanding the number of workers eligible for overtime pay has been submitted to the Office of Management and Budget (OMB) for review, a necessary step before the rule can be finalized.

The new rule is expected to make nearly five million workers lose their exempt status under the Fair Labor Standards Act (FLSA), according to the DOL, meaning they would be eligible for overtime pay at no less than 1½ times their normal rate of pay for all hours worked over 40 in a workweek.

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Proposed rule spells out paid sick leave requirements for federal contractors

February 25, 2016 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The U.S. Department of Labor (DOL) has released its proposed regulations implementing President Barack Obama’s Executive Order requiring paid sick leave for employees of federal contractors.

Executive Order 13706, signed on September 7, 2015, will apply to new contracts and replacements for expiring contracts that result from solicitations issued on or after January 1, 2017, or that are awarded outside the solicitation process on or after January 1, 2017.

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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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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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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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Enforcement of DOL home healthcare rule starts November 12

by Judith E. Kramer

November 12 marks the date the U.S. Department of Labor (DOL) will begin enforcing regulations extending the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) to almost two million home healthcare workers who are employed by third parties and provide either companionship services or live-in care for the elderly, ill, or disabled.

The DOL issued the regulations on October 1, 2013, but a federal district court held them invalid. Then the U.S. Court of Appeals for the District of Columbia Circuit disagreed, holding on August 21, 2015, that they are a reasonable interpretation of the FLSA.

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