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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged "employment policies".

To be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), an employee must perform certain duties and be paid on a “salary basis,” meaning that the employee receives a set salary each week, regardless of the number of days or hours worked, with limited exceptions. Under the FLSA, an employer may deduct from the pay of an exempt employee only under the following circumstances:

  • No work: When an exempt employee performs no work for an entire workweek, the employer is not required to pay the employee’s salary for that week.

The U.S. Department of Labor (DOL) issued an opinion letter on March 15, 2019 that answered the question of “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or expand their FMLA leave beyond the statutory 12-week entitlement.” The DOL’s answer in short: No way.

On March 7, 2019, the U.S. Department of Labor (DOL) issued proposed rules that would update the salary threshold for the Fair Labor Standard Act’s (FLSA) so-called “white collar” or “EAP” exemptions from overtime. The importance of this issue for employers is tied to the fact that an employee must be paid on a salary basis at or above the DOL’s specified minimum weekly salary level in order to be exempt from the FLSA’s overtime pay requirements.  

What Changes

Currently, employees paid a weekly salary below $455 per week ($23,660 per year) are deemed non-exempt and must be paid overtime for all hours worked over 40 per week.

The partial federal government shutdown appears likely to continue into a second week, with no agreement on funding for the Department of Homeland Security, State Department, Justice Department and Interior Department, among other federal departments and agencies. For a second time this year, government contractors face the challenge of complying with a complex set of federal and state employment laws, while their federal contract work and workers remain idle. This article briefly identifies some of the issues affecting government contractors during the shutdown and provides guidance on how to navigate the issues.

Like it or not, Donald Trump is the 45th President of the United States of America.  Now that the initial shock has worn off, it’s time to evaluate how federal employment laws, regulations, and enforcement may shift under the Trump Administration. 

While President Trump has not spoken at length regarding employment law since taking office, his pro-business philosophy and nomination of Andrew F. Puzder, a former restaurant executive, for Secretary of Labor (Puzder later withdrew his name from consideration) suggests that the Trump Administration will be significantly more employer-friendly than the Obama Administration

On October 1, 2016, Montgomery County, Maryland (the “County”) joined the growing list of jurisdictions requiring paid sick leave for employees of all entities doing business in Montgomery County. The County’s Earned Sick and Safe Leave Law (“Paid Leave Law”) is applicable to all employers doing business in the County.

This week, the County Council unanimously approved an expansion of the Paid Leave Law, effective as of November 1, 2016, to allow employees to use paid leave for the birth of a child or for the placement of a child with the employee for adoption or foster care. Employees will also be permitted to use paid leave to care for a newborn, newly adopted or newly placed child within one year of birth, adoption or placement of the child. The bill “is an important expansion of the [Paid Leave Law],” according to Tom Hucker, its lead sponsor, “to allow parents the flexibility to use their leave to spend time with their children.”

You can read an in-depth review of the Paid Leave Law here.

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On January 29, the Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) issued Directive 306, which encourages federal contractors and subcontractors not to ask about criminal convictions on job applications. According to OFCCP, such questions can result in individuals being treated differently because of their race, national origin, sex, or other protected characteristics.

OFCCP issued the directive to address its concern that hiring policies and practices that exclude employees and potential employees with criminal records violate Title VII of the Civil Rights Act of 1964 (“Title VII”). In support of its statement, OFCCP cites a study which found that one in three adults has a criminal history record. Of those adults, a high percentage were Hispanic and African-American. Based on the study, OFCCP reasons that employers who have a blanket policy of not hiring individuals with criminal convictions will exclude a greater number of Hispanic and African-American individuals resulting in “disparate impact” on these individuals, which would likely be in violation of Title VII. Thus, because of the impact, OFCCP recommends that employers “refrain from asking about convictions on job applications."