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PROSPECTIVE DATES OF IMPLEMENTATION OF NEW OVERTIME RULES LIMITING WHITE COLLAR EXEMPTIONS

| January 2016
During late November, at a conference at the American Bar Association’s Labor and Employment Law Section, Solicitor of Labor Patricia Smith, stated it was likely that the new white collar eligibility rules will not be issued until late 2016.  One of the reasons for the time frame is that DOL received approximately 270,000 comments about the pro...
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HOW THE MINIMUM WAGE IS AFFECTED BY REQUIRED DRESS CODES

| January 2016
Some employers forget that minimum wage laws do not allow employers to charge employees for the purchase or rental of the uniforms and possibly cleaning to the extent it causes an employee’s pay to fall below minimum wage or statutory overtime.  The situation particularly comes into play where employers charge employees a lump sum for uniforms ...
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ARE YOU READY TO COMPLY WITH OBAMACARE INFORMATION REPORTING REQUIREMENTS?

| January 2016
Each employer with 50 or more full-time employees (30 hours or more per week) must provide employee-specific information to the IRS about the health coverage offered during 2015, whether healthcare benefits are offered or not.  The employer must send a Form 1094-C to the IRS, which gives a company level overview of the benefits offered and hours work...
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LESSONS YOU SHOULD LEARN FROM OTHER EMPLOYERS FORM I-9 AND DISCRIMINATION VIOLATIONS

| January 2016
When an employer violates the I-9 paperwork or discrimination requirements, either USCIS (for paperwork violations) or the Office of Special Counsel for Immigration-Related Unfair Employment Practices (for discrimination violations) will initiate an action for penalties against the employer.  The employer has the opportunity to settle or to fight.&nb...
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TRENDS IN ELIMINATING OR CHANGING PERFORMANCE APPRAISALS

| January 2016
There seems to be a trend developing among many employers of eliminating annual performance reviews, and instead relying on more constant feedback.  Kiplinger reports that some 6% of Fortune 500 employers have recently eliminated the process and that many more are likely to follow.  The theory is that ongoing feedback on a quarterly, monthly or ...
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BUDGET DEAL INCREASES OSHA PENALTIES AND REPEALS AUTOMATIC ENROLLMENT

| January 2016
Two little known aspects of the so-called "budget deal" of the Bipartisan Budget Act of 2015, significantly affect employment.  One provision amends the Federal Civil Penalties Inflation Adjustment Act of 1990 to require all agencies with civil monetary penalties covered by the statute to adjust those penalties to represent the change in the consumer...
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ICE ISSUES GUIDANCE FOR EMPLOYERS CONDUCTING INTERNAL I-9 AUDITS

| February 2016
ICE ISSUES GUIDANCE FOR EMPLOYERS CONDUCTING INTERNAL I-9 AUDITS Most employers conduct internal I-9 audits although they are not technically required by law.  On December 14, 2015, the U.S. Immigration Customs Enforcement (ICE) and Office of Special Counsel (OSC) issued guidance for employers conducting such audits. The guidelines suggest that an ...
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ADMINISTRATION TO PROMOTE PAY EQUALITY BY REQUIRING NEW EEO-1 INFORMATION TO BE FILED

| March 2016
For several years, equal employment agencies have been pursuing requirements that employers collect and report pay data categorized by race, gender and ethnicity in order to better apply the equal pay and other discrimination laws.  The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) proposed an "equal pay report" t...
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OBAMA ADMINISTRATION CONTINUED TO ADD MORE OBLIGATIONS ON FEDERAL CONTRACTORS WITH NEW PAY TRANSPARENCY REGULATIONS

| March 2016
Stymied by a Republican led Congress, the Obama Administration has demonstrated its willingness and ability to use the pen to enact its liberal agenda through executive and agency action.  In the past few years alone, the Administration has raised the minimum wage for federal contractors to $10.10 (Executive Order 13658), prohibited federal contracto...
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WAGE-HOUR ISSUES GUIDANCE ON JOINT EMPLOYER LIABILITY

| March 2016
Attorneys and clients are familiar with cases in which a plaintiff sues a group of defendants, hoping that the plaintiff can find a "deep pocket" so that at least one of the defendants will pay off the damage claim.  A recent example of this on the federal employment level is the ruling of the NLRB last August in Browning-Ferris Industries, 362 NLRB ...
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