On September 24, 2019, the U.S. Department of Labor announced its long-anticipated Final Rule on exemptions and overtime under the Fair Labor Standards Act (FLSA).  The new rule takes effect January 1, 2020. Unlike its Obama-era predecessor, which was challenged in court and enjoined by the U.S. Court of Appeals for the Fifth Circuit, the new Final ...
On August 7, 2019, U.S. Immigration and Customs Enforcement (ICE) personnel arrested about 680 persons during seven food processing plant raids in Mississippi.  Published reports indicated that 243 employees were arrested at the Morton, Mississippi plant of Koch Foods of Mississippi.  Three other companies were also raided, some at more than one...
Get Ready to Submit Detailed Pay Data to EEOC by September 30
Thanks to a lawsuit, an Obama-era initiative requiring large employers to submit detailed pay data sorted by race and gender has been revived.  Employers with more than 100 employees must complete a disclosure form and upload this data for 2017 and 2018, which may be used against them, no later than September 30, 2019.
Poultry Plant Raids: The Rest of the Story
On August 7, 2019, seven food processing plants in Mississippi were the subject of “raids" conducted by Immigration and Customs Enforcement (ICE).  The Secretary of the U.S. Department of Homeland Security said the raids had been planned for approximately a year.  In some respects, such raids are hardly news:  ICE conducted enforcement acti...
After what must be record-setting deliberations, the U.S. Department of Labor (DOL) has published plans to raise the salary threshold – the amount a salaried administrative, executive, or professional employee must be paid in order to qualify as exempt from overtime – from $455 per week ($23,660 annually) to $679 per week ($35,308 annually). This is the m...
On January 24, 2019, OSHA issued a notice in the Federal Register (84 FR 380) amending the recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to maintain those records on-site, and OSHA will ...
Employment Items to Consider for Early 2019
Because of the enormous increase in legal claims and disputes over the past few years, Wimberly & Lawson suggests that employers should consider the following projects in early 2019 as they are quite important and timely.  Wimberly & Lawson would be pleased to provide fixed fee estimates for each project or otherwise advise employers in these...

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