January 2019 Print

Welcome New Members

Chelsea  Cummings

Members 1st Federal Credit Union

Robynn  Cyr

JFC Staffing Companies

Stephanie  Dixon

Ritter Insurance Marketing

Back to top

Networking Events

Stay tuned for future events!

Back to top

Calendar of Events

Chapter Meeting

Looking Back and Looking Ahead at Recent and Anticipated Developments within the Department of Labor

January 22, 2019
7:30 AM to 9:30 AM

PA Med Center
777 East Park Drive
Harrisburg, PA 17111

Register Here

Attorney James F. Devine, Esq. of Cipriani & Werner, P.C will provide an interactive, informative and entertaining look at recent developments with the Department of Labor, including the following topic areas: 

  • Workers’ Compensation
  • Unemployment Compensation
  • Wage and Hour Law
  • Overtime Law/Changes
  • NLRB Update
  • EEOC Update
 
Receive 1 SHRM/HRCI General Credit

Back to top

Workforce Readiness

Legal and Legislative Corner

DID YOU KNOW?

US Department of Labor Overtime Rule Changes - the minimum amount an employee must earn to be exempt from the Fair Labor Standards Act's (FLSA's) overtime requirement—is currently $23,660, a level established in 2004. The Obama Administration 2016 overtime rule (blocked by court order and in the process of revision) would have increased it to $47,476. Many concerns continued to be raised on both sides during a series of DOL listening sessions this past summer and re-surfaced in a hearing on Oct. 17, 2018. NOTE: DOL updated the release date of a new overtime plan to March 2019. 

Joint Employer Test – In December 2018, a federal appeals court ruled that the joint employer test originally implemented during the Obama Administration in 2015 was “properly enacted” and therefore remains in effect (Browning-Ferris Industries v. NLRB; eliminated the requirement that the employer actually exercise control; instead, businesses only need to have the contractual right to control to be considered a joint employer—even if it has never exercised it). NOTE: All employers who contract out work or use contingent or temporary employees should consider the degree of control they may exercise and the potential liability based upon contractual agreement. 

EEOC 2018 Performance and Accountability Report – In November 2018, the US Equal Employment Opportunity Commission (EEOC) released its annual Performance and Accountability Report (PAR) to provide a summary of the EEOC’s annual performance results for its fiscal year (October 1 to September 30). FYI, Employers paid more than $505 million to resolve discrimination claims on behalf of 67,860+ workers—a $21 million increase from 2017. An enhanced focus on sexual harassment claims resulted in a 55% increase in recoveries, from $47.5 million in 2017 to $70 million in 2018. NOTE: Organizations should carefully review the 2018 PAR and other EEOC written position statements that provide insight into the EEOC’s areas of focus and enforcement trends.

https://www.eeoc.gov/eeoc/plan/upload/2018par.pdf

Prohibitive Salary History Question Bans – In 2018, many state/local governments already had in place, passed, or anticipated passing wage-gap initiatives like salary history bans preventing employers from inquiring about an applicant's prior wages or benefits during the pre-employment process or considering that information when making interview, hiring, or compensation decisions. These include states and localities like California, Connecticut, Delaware, Hawaii, Massachusetts, New York City, Oregon, Philadelphia, Vermont, Puerto Rico. NOTE: Be aware of current, pending, or anticipated legislation in your organization’s footprint.

Primary Beneficiary Test for Unpaid Interns – In early 2018, the Department of Labor implemented a new test examining whether unpaid interns should be considered employees for the purposes of pay and benefits, etc. as defined by the FLSA. NOTE: Examine your organizations use of unpaid interns and the new testing criteria for potential changes to your methodology and written policies.

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/intern-employee-dol-new-test.aspx

 

MUCH MORE TO COME IN 2019

 

Back to top