Category Archives: HR Law

Do I Have To Pay Young Workers the Federal Minimum Wage?

This article is from the May 2013 issue.

In its May 9 issue, the Department of Labor‘s newsletter DOL News Brief cautions employers that with few exceptions, even younger employees must be paid the federal minimum wage ($7.24 per hour as of July 24, 2009). One exception is a minimum wage of $4.25 per hour for young workers under the age of 20, but only during their first 90 consecutive calendar days of employment with an employer, and as long as their work does not displace other … Read the rest

Affordable Care Act Page Update

This article is from the May 2013 issue.

… Read the rest

The Department of Labor‘s Employee Benefits Security Administration updated its Affordable Care Act web page with the following information on the notice to employees of coverage options:

U.S. Court of Appeals Rules Against NLRB Poster

This article is from the May 2013 issue.

In a May 7 ruling, U.S. Court of Appeals for the District of Columbia Circuit announced that the National Labor Relations Board (NLRB) overstepped its authority in its efforts to require employers to post a notice of employee rights.

This ruling nulls a NLRB rule in 2011 that all employers under NLRB jurisdiction—including nonunion employers—would have been required to post an 11-by-17-inch poster explaining employees’ rights to improve wages and bargain collectively with their employer. … Read the rest

US Labor Department seeks input on regulations regarding lifetime income illustrations

This article is from the May 2013 issue.

WASHINGTON — The U.S. Department of Labor’s Employee Benefits Security Administration today announced an advance notice of proposed rulemaking focusing on lifetime income illustrations given to participants in defined contribution pension plans such as 401(k) and 403(b) plans. The notice provides an opportunity for stakeholders to provide early input into the development of regulations.

“We are looking for the best ideas on how to show people what their lump-sum retirement savings look like when they are spread out over all … Read the rest

OFCCP Issues Second Set of CSALs

This article is from the April 2013 issue.

On March 27, the Office of Federal Contract Compliance Programs (OFCCP) mailed its second set of Corporate Scheduling Announcement Letters (CSALs) to employers it has identified for upcoming compliance reviews.

The Scheduling Letter is the OMB-approved letter sent to an establishment to start the evaluation process. The letter is used to:

  • notify a particular contractor establishment that it has been scheduled for a compliance evaluation; and
  • request submission of the contractor’s Affirmative Action Program(s) and the supporting data.

The CSAL … Read the rest

OFCCP Rescinds Restrictions on Investigating Pay Discrimination

This article is from the April 2013 issue.

The Office of Federal Contract Compliance Program (OFCCP) has rescinded two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the “Compensation Standards” and “Voluntary Guidelines.” This action, effective Feb. 28, is intended to protect workers and strengthen OFCCP’s ability to identify and remedy different forms of pay discrimination. It will enable OFCCP to conduct investigations of contractor pay practices consistent with Title VII of the Civil Rights Act of 1964.

In addition, OFCCP has … Read the rest

President proposes plan to increase federal minimum wage

This article is from the March 2013 issue.

The federal minimum wage for covered nonexempt employees is $7.25 per hour which became effective July 24, 2009. The Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department’s Wage and Hour Division. Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the … Read the rest

Time to Replace Your FMLA Poster

This article is from the March 2013 issue.

By March 8, 2013, employers covered under the Family Medical Leave Act (FMLA) — those with 50 or more employees— are required to display the new version of the Employee Rights and Responsibilities Under the Family and Medical Leave Act poster.

The new version of the one-page poster includes changes to FMLA rights relating to military family leave and military caregiver leave. It also includes technical changes for FMLA eligibility for airline flight crews and flight attendants.

The poster explains … Read the rest

The Affordable Care Act – Employers Notice Requirements Take Affect

This article is from the March 2013 issue.

Beginning March 1, 2013, employers must provide employees written notice of the following:

  1. Of the existence of the state health insurance exchange;
  2. Of their potential eligibility for federal assistance if the employer’s plan is unaffordable;
  3. And that they may lose the employer’s contribution to health coverage if they purchase health insurance through the state health insurance exchange

For more information on the Affordable Care Act, see the following resources.

Health Insurance Reform at a Glance : Employers and Health Reform… Read the rest

It’s All Hilarious … Until Someone Sues

This article is from the February 2013 issue.

Editors’ note: this article is republished by permission of Business Management Daily. 

These days, who couldn’t use a little humor amid all the stress?

You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler.

Of course, as a manager, you must also consider that some individuals may have lost (or never had) a sense of humor and would not appreciate a joke made at … Read the rest