After years of debate, the Department of Labor (DOL) issued a final rule on September 24 that increased the salary threshold for an “exempt” employee under the Fair Labor Standards Act (FLSA) to $684 a week ($35,568 annually) from $455 a week effective January 1, 2020. As a reminder, unless exempt, employees covered by the FLSA must receive at least time and one-half their regular pay rate for all hours worked over 40 in a…
National Public Radio (NPR) recently featured the topic of the ‘gender pay gap’ on one of its news programs, and I happened to be listening in. I was reminded of a conversation I had with my sister about pay inequality between men and women. The gender pay gap is confusing to me because the Equal Pay Act of 1963 has been around for more than 50 years. Salary differences between men and women may indeed…
Periodically, we issue article updates on the Fair Credit Reporting Act (FCRA), the legislation enacted to promote accuracy, fairness and privacy for consumer information stored and used by consumer reporting agencies. Hiring organizations need to be aware of FCRA regulations, because in some instances they can be held liable if their reporting agency violates them. Right now, we are monitoring several issues that may affect business owners’ rights. Two that could have significant impact follow….
Most employers are aware of the Workers’ Compensation Panel and the requirement to have it completed and posted in each office. (A Workers’ Compensation Panel lists the authorized treating physicians selected by the employer for the purposes of treating injured workers.) Unfortunately, business owners often overlook the need to maintain it. In doing so, they put their business at risk. A valid Panel of Physicians must generally meet the following conditions at all times. To provide…
In March of this year, Wal-Mart made headlines when it announced more reductions in its “Greeter” position as part of an ongoing phase-out of Greeters in favor of “Customer Hosts,” whose positions are more physically demanding. Walmart told Greeters across the country that their positions would be eliminated. They were invited to reapply as Customer Hosts, a role that requires employees to be able to lift 25-pound packages, climb ladders and stand for long periods of…
With cannabis (“pot”) having been decriminalized or legalized in more than 30 states—in many cases for recreational, personal use—employers are struggling with how to approach the issue. Cannabis has been touted as a medicinal aid for many conditions, from PTSD to Crohn’s disease, nausea, cancer, multiple sclerosis and more. Yet, cannabis can alter worker reaction times and cause other physical changes that could put the worker, the firm, and its customers at risk. In certain…
If you are hiring – or have hired – summer interns, are you up to date on how you need to compensate them, if at all? Traditionally, most interns worked over the summer for the experience and to build their resumes. However, unpaid internships have come under more scrutiny in recent years, not only regarding wages but also for potential benefit eligibility under the Affordable Care Act. Historical guidance, as reflected in the Department of…
Recently, a former Department of Labor (DOL) Wage and Hour Division (WHD) Administrator expressed concern for the new overtime rule that is working its way through the system. As we previously reported, in 2017 the Obama-era overtime rules were struck down by a court as invalid, leaving the Trump administration to make a determination about updating the rule. Former WHD Administrator Tammy McCutchen recently noted that the DOL’s planned timeline for finalizing the rule is…
Recently, one of our immigration lawyers sent us an update about a situation where a prospective employee couldn’t provide proper documentation for his I-9. The form of ID provided was an Allodial American National Identification Card, which is not an accepted form of identification listed on the I-9 instructions — and “Native American” is not a federally recognized tribe. She noted that applicants are not required to present social security cards for I-9 purposes, but…
One of the most common questions for employers determining compensable time is how to handle on-call situations. If an employee is on-call, is he or she eligible to be paid for the on-call time? The answer lies in the restrictions the employer places upon the worker during the on-call period. To make this determination, there are two key questions that employers should consider. 1. Does the employer control the location where employees must wait? Per…
Buffalo's Cafe Ends Human Resources Headaches;