Employer Compliance Alerts

2017 Minimum Wage Updates

A number of state, county, and local governments have passed legislation raising the minimum wage in their jurisdictions as of January 1, 2017. The increases range from a nickel to $2.00 per hour. Please see the attached Employer Compliance Alert for more information and a list of the 45 changes.

Download Alert >>

Federal Court Stops December 1 Implementation of New Overtime Rules

A federal court in the Eastern District of Texas granted a nationwide injunction blocking the enforcement of the FLSA overtime rule. Employers are no longer required to meet the December 1 deadline. The lawsuit, filed by 21 states and a variety of employer groups, argued that the Department of Labor (DOL) exceeded its authority when it nearly doubled the salary level required for overtime exemption from $23,660 ($455/week) to $47,476 ($913/week).

Download Alert >>

 

USCIS Releases New I-9 Form

USCIS has released a new version of the Form I-9, Employment Eligibility Verification. Until January 22, 2017, Employers have the choice of using the new 11/14/2016 version of the form, OR using the 03/08/2013 version. However, by January 22, 2017, employers must use the new Form I-9 for all new hires, and also for reverifying any existing employees who require reverification of their work authorization. For reverifying an existing employee, the employer must complete Section 3 of the new version and attach it to the employee’s existing I-9. The issuance of the new I-9 version does NOT compel an employer to complete brand new I-9s for its entire existing workforce in a blanket fashion.

 

Download Alert >>

 

Adams Keegan Webinar | New Overtime Rules Explained & Action Plans

On May 18, the President and Secretary of Labor announced the publication of the Final Rule updating overtime regulations. This may have an impact on your compensation policies and practices. The attached Employer Compliance Alert addresses what you need to know and do to ensure compliance.

As with many complex topics, Adams Keegan provides additional information to help clarify your understanding of the Final Rule.  Our goal is to ensure that you're aware of all the steps needed to ensure compliance well in advance of the Department of Labor's December 31, 2016 deadline. Click below for a link to a recording of a recent webinar, as well as the pdf of the presentation.

Webinar: New Overtime Rules Explained
Webinar Recording
Webinar Presentation

 

New Overtime Rules Released | Effective December 1, 2016

On May 18, 2016, President Obama and Labor Secretary Perez announced the publication of the Department of Labor's Final Rule updating the overtime regulations which will automatically extend overtime pay protections to an expected 4 million workers within the first year of implementation. This is the final stage of the President's initiative beginning July 2015 directing the U.S. Department of Labor to update regulations to better define and delimit the traditional "white collar" exemptions under the Fair Labor Standards Act.

Download Alert >>

 

EEOC Proposes Addition of Pay Data to EEO-1 Reports

On February 1, 2016, the EEOC published a proposed revisions to the EEO-1, Employer Information Report, in the Federal Register. A public hearing was held on March 16, 2016, to gather information and hear public comment on the proposal. Written comments to the EEOC's proposal were due Friday, April 1, 2016.

Download Alert >>

 

IRS Issues W-2 Scam Alert to Payroll and HR Professionals

On March 1, 2016, the Internal Revenue Service (IRS) announced an emerging scheme where requests or employees’ personal information appear to be from company executives.

Download alert >>

 

Proposed Changes to Overtime Rules Announced

On June 29, 2015, the US Department of Labor (DOL) announced a proposed rule that would increase overtime eligibility for an estimated five million employees who are currently exempt from overtime pay.

Download alert >>

 

FMLA Definition of Spouse Revised

On Friday, March 27, 2015, the Department of Labor’s (DOL) revisions to the Family and Medical Leave Act (FMLA) regulations’ definition of “spouse” become effective.

Download alert >>

 

Ten Tips for Effective Terminations

Any time you have to deliver the termination decision, you should have two goals in mind: (1) the sending of as positive a message as possible to the employee being terminated, as well as to the rest of the workforce; and (2) the protection of the organization from litigation.

Download alert >>

Twenty-one states increase minimum wage, tip credit in 2015

In 2015, twenty-one states will see increases to the state minimum wage and/or tip credit. It is especially important for employers with multi-state operations to know the developments in the law.

Download alert >>

Illinois employers banned from asking job applicants about criminal conviction history

In 2014, Illinois joined a host of other states that enacted what has been commonly called a “ban the box” law as the laws prohibit questions about criminal convictions on job applications.

Download alert >>

Illinois employers must post pregnancy accommodation notices

The new Illinois state law, P.A. 98-1050, amends the Illinois Human Rights Act to increase protections for pregnant employees and new mothers in the workplace.

 

Beginning January 1, 2015, Illinois employers must post information about pregnancy rights in the workplace in a conspicuous location on the employer’s premises and include the protections in their employee handbooks.

Download alert >>

DC employers face new notice requirements

On September 19, 2014, District of Columbia Mayor Vincent Gray signed into law the Wage Theft Prevention Amendment Act of 2014 (“the Act”), increasing both employer notice requirements and employer liability.  It is anticipated that the Act will take effect January 14, 2015, though with a new Congress beginning in January, the mayor’s office announced the law may not take effect until late February or even late March.

 

Download alert >>

Addressing Ebola in the workplace

Due to the spread of Ebola in West Africa and the United States, many employers are seeking recommendations on how to respond to workplace concerns and reduce liability. The practical guidance offered in this article would also apply to the pandemics (H1N1, Bird Flu) of the last several years and highlight potential issues to consider when faced with serious illness in the workplace.

Download alert >>

Access denied: Tennessee limits employers’ access to personal online content

Tennessee recently joined over a dozen states that prohibit employers from requesting and requiring access to the personal internet accounts of job applicants and employees. (Other states that have enacted employment-related online privacy laws include Arkansas, California, Colorado, Illinois, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oregon, Utah, Washington, and Wisconsin.)

The Employee Online Privacy Act of 2014, signed by Governor Bill Haslam on April 29, 2014, that will take effect January 1, 2015, is applicable to all employers, regardless of size. 

Download alert »



New Law Expands Parental Leave Rights for Small Business Owners’ Employees

Effective October 2014, the Maryland Parental Leave Act (PLA) provides eligible employees six (6) weeks of unpaid, job-protected parental leave for the birth of a child or the placement of a child with the employee for adoption or foster care. 

Download alert »


 

New Mexico Law Requires Employers to Post Human Trafficking Notice

New Mexico Governor Susan Martinez approved a law requiring New Mexico employers to display a poster containing the National Human Trafficking Resource Hotline. New Mexico Employers subject to the Minimum Wage Act, including health facilities and state or local government agencies that manage transportation facilities (including highway rest areas), must have the poster displayed no later than July 1, 2014

Download alert »


 

New EEOC Guidance Addresses Pregnancy Discrimination

On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) released new enforcement guidance on pregnancy discrimination, expanding the protections for pregnant employees provided under the Pregnancy Discrimination Act (PDA).

The PDA, signed into law by President Carter in 1978, amended Title VII to make it unlawful as a form of sex discrimination for employers to discriminate on the basis of pregnancy, childbirth, or related medical conditions. The PDA provided that pregnant women have a right to be treated the same as other employees who are “similar in their ability or inability to work.” It does not provide an absolute right to accommodation, but if temporarily disabled workers receive accommodations, then pregnant workers are also entitled to them. This enforcement guidance is the first comprehensive update to the PDA since 1983. 

Download alert »



DOL amends FMLA regulations

The Department of Labor (“DOL”) has developed a new poster reflecting the recently issued amended FMLA regulations.  According to the DOL website, covered employers may start using the new poster immediately, or may still use the old FMLA poster through March 7, 2013.

Please review the full FMLA compliance alert, which includes a link to the new post.