On August 31, 2017, Federal District Court Judge Amos Mazzant overturned the Fair Labor Standards Act (FLSA) Final Overtime Rule that would have doubled the annual salary level to qualify for exemption from overtime from $23,660 to $47,476. The same judge issued an injunction stopping implementation of the final rule nine months ago, and the … Continued
The U.S. Department of Labor has issued compliance guidance for benefit plans, employers and employees, and service providers who are impacted by Hurricane Harvey. The guidance generally provides relief from various ERISA requirements and time limits for entities in the disaster area. This follows the Internal Revenue Service (IRS) announcement extending certain filing dates, including … Continued
On August 22, 2017, in AARP v EEOC, a federal court found that regulations allowing employers to offer large incentives under workplace wellness programs were arbitrary. The court did not vacate (nullify) the rules due to concerns about disrupting employers’ existing programs. Instead the court has ordered the responsible agency, the Equal Employment Opportunity Commission … Continued
Mark your calendars for October 1, 2017, when the 2018 standard per diem rates for the lower 48 Continental United States (CONUS, because everyone loves an acronym) go into effect. These rates, set by the General Services Administration (GSA, see acronym comment above), represent the maximum amount that federal employees can receive in travel reimbursements … Continued
Few people are prepared to handle the financial burden of long-term health care. In fact, many people have a false sense of security when it comes to long-term care. Let’s separate fact from fiction: “Medicare and my Medicare supplement policy will cover it.” FACTS: Medicare and “Medigap” insurance was never intended to pay for ongoing, … Continued
Editor’s note: We apologize for our mistake. We recently published an article on the VETS-4212 and EEO-1 reporting from our partners at Constangy, et al and inadvertently used an article from 2016. The correct article is below. We’re sorry for any confusion this mistake may have caused. The following is a blog published by y … Continued
The following is a blog published by Louise Davies, an Affirmative Action Paralegal in the Winston-Salem, North Carolina, office of Constangy, Brooks, Smith & Prophete, LLP. It’s that time of the year! No, back-to-school is still a few weeks away. It’s time for employers to start filing their EEO-1 and VETS-4212 reports. The filing period for the EEO-1 … Continued
Question: Is minimum wage calculated on hours worked or hours worked plus performance-based earnings, thus subject to change each pay period? For instance, a nonexempt employee is paid $320 for 40 hours worked with $60 added for performance goals, totaling $380. Which amount is used to determine the employee’s minimum wage; $320 or $380? The … Continued
On August 1, 2017, Occupational Safety and Health Administration’s (OSHA) injury tracking application (ITA) portal will be available to employers. The portal allows employers to electronically report information about workplace injuries and illnesses. Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, as well as employers with … Continued
Health Reform Update: What Can Employers and Employees Expect Now? The latest Congressional effort to repeal and replace parts of the Patient Protection and Affordable Care Act (ACA) stalled out again last week when the Senate voted 51-49 to reject a very pared down measure dubbed the “skinny repeal” bill. The breakdown of the … Continued
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