SCOTUS to Consider whether Civil Rights Act Protects LGBTQ Workers

The U.S. Supreme Court heard oral arguments recently regarding the discrimination of LGBTQ individuals under Title VII of the Civil Rights Act. The plaintiffs for two separate cases—one concerning a transgender woman, the other involving two gay men—argued that they were unlawfully discriminated against when they were fired based on their sexual orientation. They claimed … Continue reading SCOTUS to Consider whether Civil Rights Act Protects LGBTQ Workers

DOL Issues New Salary Limits for Overtime Exemptions

Are you compliant?  January 2020 is around the corner.

Emery Benefit Solutions

Department of Labor (DOL) announced a new final rule that updates the salary thresholds that some individuals must meet in order to qualify for a minimum wage and
overtime exemption under the federal Fair Labor Standards Act (FLSA). The final rule becomes effective on Jan. 1, 2020.

2019 Overtime Final Rule
The final rule affects the exemptions for executive, administrative and professional (EAP) employees, highly compensated employees (HCEs), employees in the motion  picture industry and individuals who work in various U.S. territories.

The final rule’s salary levels differ from both the 2016 and 2019 proposed levels. For 2020, the final rule EAP and HCE salary exemptions are as follows:’

 Standard salary level: $35,568 per year ($684 per week)
 HCEs: $107,432 per year

The DOL intends to update the standard salary and HCE total annual compensation  levels more regularly in the future through notice-andcomment rulemaking.

Employer Action Steps
To…

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The Pros and Cons of Incentive Pay

It’s no secret that top talent expects to be paid top dollar. According to PayScale, 25% of employees said that compensation was their main motivation for quitting a job.  Moreover, compensation is consistently reported as one of the top motivators for employees. That’s where incentive pay can be beneficial. Incentive pay is a type of … Continue reading The Pros and Cons of Incentive Pay

DOL Issues New Salary Limits for Overtime Exemptions

Department of Labor (DOL) announced a new final rule that updates the salary thresholds that some individuals must meet in order to qualify for a minimum wage and overtime exemption under the federal Fair Labor Standards Act (FLSA). The final rule becomes effective on Jan. 1, 2020. 2019 Overtime Final Rule The final rule affects … Continue reading DOL Issues New Salary Limits for Overtime Exemptions

DOL Issues New Salary Limits for Overtime Exemptions

OVERVIEW On Sept. 24, 2019, the U.S. Department of Labor (DOL) announced a new final rule that updates the salary thresholds that some individuals must meet in order to qualify for a minimum wage and overtime exemption under the federal Fair Labor Standards Act (FLSA). The final rule becomes effective on Jan. 1, 2020. The … Continue reading DOL Issues New Salary Limits for Overtime Exemptions

DOL Enforcement Actions Are up and Expected to Stay That Way

U.S. Secretary of Labor Alexander Acosta recently said that he “fully expects” OSHA inspections to increase once new inspectors are trained. Acosta’s remarks are in line with the significant increase in enforcement actions employers have seen in the past two fiscal years. Increased DOL Enforcement Actions The DOL’s enforcement actions across the vast majority of … Continue reading DOL Enforcement Actions Are up and Expected to Stay That Way

DOL Issues Opinion Letter on Gig Worker Classification

In the growing “gig economy,” individuals perform jobs on a one-off or short-term basis, typically through an online application or job marketplace. On April 29, 2019, the Department of Labor (DOL) issued an opinion letter addressing whether individuals working for a virtual marketplace company (VMC) are employees or independent contractors under the Fair Labor Standards … Continue reading DOL Issues Opinion Letter on Gig Worker Classification