EEOC Guidance for Employers During a Pandemic

The spread of the Coronavirus (COVID-19) has employers rightly concerned about how to handle threats of contagion in the workplace. Along with those worries come concerns about violating other laws in the process of trying to keep the workplace safe. Specifically, the ADA comes to mind; if we send someone home who appears sick, have … Continue reading EEOC Guidance for Employers During a Pandemic

DOL Proposes Revisions to the Fluctuating Workweek Overtime Method

In November 2019, the U.S. Department of Labor (DOL) published a proposed rule to update the “fluctuating workweek” method for calculating employee overtime wages under the Fair Labor Standards Act (FLSA). The fluctuating workweek method provides employers a cost-saving option to compensate employees who are not exempt from the act’s overtime wage payment requirements. Currently, … Continue reading DOL Proposes Revisions to the Fluctuating Workweek Overtime Method

5 Performance Review Best Practices

Performance reviews are an annual ritual for many employers, but their usefulness has been debated for years. To make sure you—and your employees—get the most out of performance reviews, follow these five tips. 1. Perform formal evaluations at the same time for everyone each year. While this increases the workload of managers and supervisors during … Continue reading 5 Performance Review Best Practices


OVERVIEW Affordable Care Act (ACA) reporting under Section 6055 and Section 6056 for the 2019 calendar year is due in early 2020. Specifically, reporting entities must: File returns with the IRS by 28, 2020 (or March 31, 2020, if filing electronically); and Furnish statements to individuals by March 2, 2020. Originally, individual statements were due … Continue reading UPCOMING ACA REPORTING DEADLINES

6 ways to have a Sublime Seasonal Shindig

Planning a holiday party can be a logistical nightmare, especially when you don’t know where to begin. Luckily, we have a few steps to make it easier. Set a Budget A good party doesn’t need to cost more—a buffet can delight as much as a five-course meal. Consider how you want to spend your money … Continue reading 6 ways to have a Sublime Seasonal Shindig

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

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FSA Contribution and Other Benefits Limits Rise for 2020

The IRS announced an increase to flexible spending account (FSA) contribution limits for the 2020 plan year. Individuals can contribute $2,750 in 2020, up $50 from the previous year. Since this announcement came so late in the year, some employers may not use the updated figures in their benefits limits—as doing so would require an … Continue reading FSA Contribution and Other Benefits Limits Rise for 2020