Legal

In last month’s newsletter, I talked about all the things that need to be done at the year’s end, from compensation strategies to Affordable Care Act (ACA) reporting. It was a lengthy list and I assured you that whatever you didn’t get done by December 31, you could address in January. So, here we are. It’s mid-January. And, on top of the things you didn’t get done last year, there are a host of things…

As you may have heard, there has been a delay in the implementation of the long awaited increase in the wage test for exemption from overtime.  At this point, there is uncertainty as to what will happen in the future, but I personally feel it is unlikely that this change is going away completely. With that being said, we have several options: If you have not yet implemented any changes, your procrastination has paid off.…

In August, the Office of Management and Budget (OMB) approved a revised Form I-9. Employers may continue using the current version of Form I-9 until January 21, 2017. After that date, the current form will be invalid.

The Department of Labor's (DOL) new overtime regulations go into effect in just a couple of weeks - December 1, 2016, which we've discussed many times over the past six months: Countdown to FLSA Compliance Focus on the FLSA Staying on Top of Overtime Overtime Overhaul To qualify for exemption, employees must meet two "tests" – a wage test and a duties test. In order for an exemption to apply, an employee's duties and wages…

We are seeing more Americans with Disabilities Act (ADA) claims lately, which shine a light on the gray area of “what is a reasonable accommodation?” If an employee cannot perform their job duties because of a non-work related medical issue, the employer should try to find a position within the employee’s skill set and comfort level. The key is identifying reasonable accommodations for the employee and avoiding undue hardship on the employer. Take ADA claims…

As we indicated in last month's newsletter, the U.S. Department of Labor (DOL) finalized their new overtime policy known as the "white-collar exemption." This is a significant change to overtime pay exemptions, increasing the salary of "exempt" employees to $47,476 from $23,660, meaning if an employee makes less than $47,476 annually, they are now entitled to overtime pay. Employers must comply with these updated regulations by December 1, 2016. That gives you a little more…

The U.S. Department of Labor (DOL) thinks so. In May, the Occupational Safety and Health Administration (OSHA) announced a ruling that increases data transparency by making information about workplace injuries and illnesses available online. They say that sharing this kind of information publicly helps "reduce work-related injuries and illnesses." The new rule takes effect on January 1, 2017. It requires certain employers to electronically submit injury and illness data that they are already required to…

With all of the discussion about who has the right to use which restroom, I wanted to share legal information from the Equal Employment Opportunity Commission (EEOC). A hot topic in North Carolina right now, this issue is sure to be on the dockets of courthouses in many states very soon. First, let’s look at what the law says about “transgender.” From the EEOC website: "Transgender" refers to people whose gender identity and/or expression is…