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
Jourdan practices in a wide variety of labor and employment law areas. She has experience defending discrimination and retaliation charges filed with the Equal Employment Opportunity Commission and the Ohio Civil Rights Commission.
Multi-state employers: Be prepared for January 1 minimum wage increases
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…
DOL increases salary threshold for white collar exemptions to $35,568
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…
EEO-1 reporting: Pay data filing begins July 15, 2019
The Equal Employment Opportunity Commission (EEOC) has announced the filing window for the newly required Component 2 pay data opens July 15, 2019. Private employers with at least 100 employees are required to submit pay data for calendar years 2017 and 2018 by Sept. 30, 2019. This new requirement is ordered by the court decision in the National Women’s Law Center v. Office of Management and Budget case.
The EEOC has taken a number of steps to assist employers with this new filing requirement.
Continue Reading EEO-1 reporting: Pay data filing begins July 15, 2019
Kentucky’s new pregnancy accommodation law goes into effect
Kentucky recently enacted the Pregnant Workers Act, which amends the Kentucky Civil Rights Act to provide accommodations to pregnant and lactating employees. The law goes into effect on June 27, 2019. Below are the important implications of the Pregnant Workers Act, which will affect employers that operate or maintain business locations in Kentucky.
Multi-state employers: Be prepared for July 1 minimum wage increases
On July 1, 2019, the minimum wage will increase in several locations throughout the country. While the federal minimum wage has remained $7.25 per hour since July 2009, many states, cities and counties have adopted their own minimum wage laws which provide for a higher rate. In areas where minimum wage laws overlap, employees are…
UPDATE: EEO-1 reporting; Now open for business
Pay Data Required by September 30, 2019
Further action has occurred in the National Women’s Law Center v. Office of Management and Budget case, about which we reported here. Employers will need to report 2018 pay data to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While it is clear that employers…
EEO-1 reporting; Now open for business
UPDATE – Pay Data Required by September 30, 2019
Further action has occurred in the National Women’s Law Center v. Office of Management and Budget case, about which we reported here. Employers will need to report 2018 pay data to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While it is clear that employers will be required to report 2018 pay data later this year, it is unclear whether pay data for 2017 will also be required at that time. The EEOC has until May 3, 2019 to decide what time period must be reported on September 30, 2019.
Porter Wright will continue to provide updates on this breaking news as more details become available.
It’s that time of year again. The 2018 EEO-1 Survey is open and must be filed with the Equal Employment Opportunity Commission (EEOC) Office of Enterprise Data and Analytics’ Employer Data Team. Employers must submit their reports by Friday, May 31, 2019.
What is the EEO-1 survey?
Federal law mandates that certain employers submit employment data for compliance purposes. The survey requires employers to submit data on employee race, ethnicity and sex categorized by one of ten job categories. Employers must gather this data from one pay period in October, November or December of each reporting year. Data must include both full-time and part-time employees.
In addition to sex, employers must report data on the following race and ethnicity categories:…
Continue Reading EEO-1 reporting; Now open for business
Michigan Paid Medical Leave Act: Are you ready?
Michigan’s Paid Medical Leave Act (PMLA) goes into effect on March 29, 2019. It requires a number of new practices for employers operating in Michigan, including revision of written policies and posting notice to employees. Below are some highlights of the PMLA about which employers in Michigan should be aware:
Who does the law cover?
Employers covered by the PMLA are those that employ 50 or more persons. What is unclear is whether an employer’s employees who work outside of Michigan would count for purposes of determining whether the employer is covered by the PMLA. Unless the sate provides clarity on the question, multi-state employers with more than 50 employees nationwide, but less than 50 employees in Michigan, will need to weigh the risks – those who choose not to comply with the law may find themselves in violation and subject to penalties.
Continue Reading Michigan Paid Medical Leave Act: Are you ready?
Does your workplace foster a culture of safety? New OSHA memo relaxes rule on drug testing policies and incentive programs
In 2016 we reported on OSHA’s anti-retaliation rule related to the reporting of illnesses and injuries. The rule prohibited employer retaliation against employees reporting workplace injuries and illnesses, and implementation of policies that discourage accurate reporting. At the time the rule was finalized, OSHA clearly indicated it would be interpreted strictly and would affect employer incentive programs and post-accident drug testing policies.
On Oct. 11, 2018, OSHA published a memorandum changing its position, taking a significantly more relaxed approach on this anti-retaliation rule. OSHA states that it “does not prohibit workplace safety incentive programs or post-incident drug testing.”…
Continue Reading Does your workplace foster a culture of safety? New OSHA memo relaxes rule on drug testing policies and incentive programs