Helping employers avoid the storm of legal issues in the workplace
Equal Pay Day is designated each year by the National Committee on Pay Equity to mark how far women in the United States must work into the year to be paid the same as men in the year prior. This year, Equal Pay Day was determined to be March 15, 2022.
Continue Reading Executive actions to increase pay equity announced in conjunction with Equal Pay Day
Since the presidential inauguration, many employers have been wondering what changes President Joe Biden’s administration will make in the world of labor and employment law. This blog post summarizes a few key changes the Biden administration has already made, as well as a few changes the administration will likely make in the coming months.
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Continue Reading Biden administration expected to make major changes to labor and employment landscape
The coronavirus outbreak has become a global emergency. In an effort to slow the spread of the virus, Chinese authorities imposed quarantines and restricted travel throughout the country. National and local governments have issued various rules dealing with the coronavirus outbreak. On Jan. 24, the Office of the Ministry of Human Resources and Social Security issued a notice on the proper handling of labor relations related to the virus. Many provincial and municipal governments (including Beijing, Shanghai, Wuhan, Suzhou and Chongqing as well as the Guangdong, Shandong, and Zhejiang provinces) have issued stricter rules in accordance with authorizations provided under China’s Emergency Response law and other regulations.
National and local rules have imposed significant challenges for companies operating in China. This blog post summarizes key Chinese national and local rules governing employer obligations and provides general guidance on how foreign businesses operating in China can comply with the new rules. Because the coronavirus outbreak remains a global emergency, companies are encouraged to check local rules and laws daily to ensure compliance with the latest local regulations.
Continue Reading Chinese employment law guidelines for subsidiaries operating in China during the coronavirus outbreak
The U.S. Department of Labor (DOL) is making significant changes to the regulations covering the regular rate of pay under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. The FLSA entitles most covered, nonexempt employees to receive overtime pay of at least one and one-half times the employee’s…
While many employers are gearing up for the holidays, many employees across the U.S. will see an increase in minimum wage. On Jan. 1, 2020, the minimum wage will increase in numerous states and cities throughout the country that have adopted their own minimum wage laws, which provide for a higher rate than the federal…
After more than 15 years, the U.S. Department of Labor (DOL) is updating the overtime regulations under the Fair Labor Standards Act (FLSA). The FLSA entitles most employees to minimum wage and overtime pay for all hours worked over 40 in a workweek. However, employees who meet the salary threshold and the relevant duties test…
Earlier this month, we reported that the United States Department of Labor (DOL) was reportedly set to propose a new regulation that would update time-and-a-half pay requirements for all hours worked beyond 40 hours a week. The Department’s proposed rule would raise the currently-enforced salary threshold, thus extending overtime protection to more workers.
On March 7, 2019, the DOL issued a draft Notice of Proposed Rulemaking (NPRM) to update the salary threshold for overtime exemption from $23,660.00 annually to $35,308.00 annually. On March 22, 2019, the DOL formally published the NPRM in the Federal Register. As expected, workers who make less than about $35,308.00 per year would be automatically eligible for time-and-a-half pay for all hours worked beyond 40 a week under the proposed rule. The total annual compensation requirement for highly-compensated employees would also increase from $100,000.00 to $147,414.00 under the proposed rule. The proposed rule does not modify the “duties test,” a test used to determine whether workers who make more than the salary threshold are entitled to overtime wages.
Continue Reading DOL formally publishes notice of proposed rulemaking regarding salary threshold increase
Last week, the United States Department of Labor (DOL) was reportedly set to propose a new regulation that would update time-and-a-half pay requirements for all hours worked beyond 40 hours a week. The department’s proposed rule would raise the currently-enforced salary threshold, thus extending overtime protection to more workers. This would be the first such update to the salary threshold since 2004.
On March 7, 2019, the DOL announced a Notice of Proposed Rulemaking (NPRM) to update the salary threshold from $23,660.00 annually to $35,308.00 annually. In other words, workers who make less than about $35,308.00 per year would be automatically eligible for time-and-a-half pay for all hours worked beyond 40 a week under the DOL’s proposal. Importantly, the proposed rule does not modify the “duties test,” a test used to determine whether workers who make more than the salary threshold are entitled to overtime wages. Furthermore, the proposed rule does not establish automatic, periodic increases of the salary threshold. Instead, the DOL is soliciting comments form the public regarding how the DOL should update overtime requirements every four years. The DOL released these details on its website ahead of the Federal Register’s expected publication of the regulation next week.
Continue Reading DOL releases notice of proposed rulemaking regarding salary threshold increase
Many employers allow students to intern in their workplaces so that the students can gain exposure to real world work, learn about a particular industry or career, or earn credit hours towards their degree requirements. If these interns are unpaid, however, employers risk liability for failure to pay minimum wage and overtime under the Fair Labor Standards Act (FLSA). Employers that enter into these arrangements without careful consideration of the FLSA risk lawsuits from former interns and United States Department of Labor (DOL) investigations.
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Continue Reading New test should increase employer ability to create unpaid internship positions
The U.S. Department of Labor’s Wage and Hour Division (WHD) has announced a new nationwide pilot program, called the Payroll Audit Independent Determination (PAID) program, which is designed to facilitate resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). According to the WHD’s website describing the program, the program’s primary objectives are to resolve wage and hour claims expeditiously and without litigation, to improve employers’ compliance with overtime and minimum wage obligations and to ensure that more employees promptly receive any owed back wages.
WHD states that it will implement this pilot program nationwide for approximately six months. At the end of the pilot period, WHD will evaluate the effectiveness of the pilot program, as well as potential modifications to the program to determine its next steps.
Continue Reading Wage and Hour Division announces pilot limited “amnesty” program
