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What’s Happening To The Overtime Rule?

When a Texas Judge issued a stay of execution on the new overtime rule, employers’ reactions were mixed.  So what’s happening with overtime rules now? For employers who had not mentioned any changes on classification and overtime rules, the decision by the Texas judge injunction justified their “wait-and-see” approach. Many others had already announced to employees plans to adjust salaries as of December 1st to comply with the anticipated change in overtime rules. Rather than roll back salary increases for exempt employees, employers are complying with the new rules as written, despite the legal challenges. The Department of Labor (DOL) under President Trump may …

Looking in the Crystal Ball of HR Requirements

A number of Executive Orders (EO) signed by President Obama could be on the chopping block under the new administration. EO impact mostly employees for federal contractors. Other DOL regulations are likely to see changes too. Here’s a review of the regulations which were born under the Obama administration and my assessment of their future. Executive Orders likely to remain unchanged. Based on its populist agenda and a push for better opportunities in favor of American workers, the Trump administration is likely to maintain: Non-displacement of qualified workers under service contracts (EO 13495). This gives employees working on federal contracts …

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New 2017 Compliance Requirements For Federal Contractors

Last February, I shared what was on the horizon for federal contractors in 2017. At the time, 2017 seemed like a long ways away. But here we are: in the first days of the new year. These new requirements for federal contract employers are the law, at least for now. The paid sick leave requirement is now in effect. Employees on federal contracts will earn up to 56 hours of paid sick leave per year. The leave is accrued at the rate of 1 hour of paid leave for every 30 hours worked on federal contracts. The leave can also be …

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Judge Puts New Overtime Ready Rule on Hold, Now What?

As the country was winding down to celebrate Thanksgiving, a federal court in Texas issued an order to suspend the implementation of new salary level for white collar exemption scheduled for December 1st. For months employers have been anticipating the December 1 date when the salary requirement would increase to $47,476 from $23,660. But on November 22, months of preparation came in question. As a result of the court decision, employers do not have to comply with the new FLSA salary threshold on December 1, 2016.   Background to the federal stay of execution Twenty-one states and several business groups …

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New I-9 Form and Immigration Enforcement

The I-9 Form for Employment Eligibility Verification is in the news. First, the Immigration Services announced that the revised Form I-9 will be published on Nov. 22, 2016. This is sooner than the January 2017 date previously announced. Although employers may continue to use the current Form I-9 (dated 03/08/2013) through Jan. 21, 2017, the new I-9 form must be used by all employers by January 22, 2017. Mark your calendar for November 22 to check the USCIS website for the revised I-9 Form. Note – Employers should continue to retain and store previously completed forms for existing and former …

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Federal Contractors’ Obligations With Prevailing Wage and Fringe Benefits

Unique compensation requirements apply to federal contractors. In the construction sector, the Davis Bacon Act (DBA) requires covered contractors and subcontractors to pay a specific prevailing wage and fringe dollars for each hour an employee works on a covered job site. The regulations are difficult to understand for the non-initiated. Luckily, Lind Sawyer of Capital Strategies can make the confusing understandable. Here’s my conversation with Lind who was educating me on the finer points of the regulations. This could be illuminating for you too! Anne-Lise Gere, SPHR – What are the risks of not complying with prevailing wage and fringe …

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OFCCP Focus On Gender Equality

In June 2016, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule updating its sex discrimination guidelines. This final rule is brings OFCCP requirements in line with other federal legislation protecting against sex discrimination (Title VII and the EEOC’s interpretation of Title VII). It extends the prohibition of sex discrimination to include gender identity, transgender status, and sex stereotyping. There is no small business exception. The Final Rule takes effect in less than a month, on August 15, 2016. Because the Final Rule aligns with existing legislation and Executive Orders, most contractors are already compliant with its …

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Ban-The-Box, Pot, Guns and More – DC Employers Are Busy

The field of employment regulations is in full bloom in Washington D.C. These regulations are different from what’s required “across the border”, in Maryland and Virginia. If you have employees based in the District, you want to pay attention! Even if you do not have employees in the District, keep an eye on what’s happening. New regulations introduced by DC City Council are harbinger of federal regulations. Case in point, DC introduced a Wage Transparency Act in March 2015. A similar requirement was introduced by the OFCCP earlier this year. For more on this, read my article published earlier this year. Ban-the-Box – …

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Federal contractors cannot ignore D.C. regulations

Although most federal contractors are based outside of the Beltway, many have a presence in Washington D.C. If you are a federal contractor but do not have employees in the District, pay attention to what’s happening in DC. New regulations introduced by D.C. City Council are harbinger of federal regulations. Case in point, D.C. introduced a Wage Transparency Act in March 2015. A similar requirement was introduced by the OFCCP earlier this year. For more on this, read more about it here. Of course, if you only have a handful of D.C.-based employees, you can’t afford to ignore the rules. …