Human Resource Management Association of Arkansas

News

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  • 21 Oct 2019 2:30 PM | Melanie Ridlon (Administrator)

    On September 25, 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) published a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA).

    The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses/commissions towards meeting the salary level.

    On Monday, November 4, 2019, at 1:00 p.m. Eastern Time, the Wage and Hour Division will offer a public webinar to provide compliance assistance on the final rule on:

    •     Provisions of the final rule so that employers can comply with the changes and inform workers and their advocates of their rights

    •     Specific changes that the final rule will make when it becomes effective on January 1, 2020

    •     Detailed information about new materials and resources available on the overtime final rule website

    Throughout the webinar, participants will have the opportunity to submit questions. Wage and Hour Division hosts will answer as many of those questions as possible following the presentation.

     

    Register for a Webinar on the Overtime Final Rule

     

    After registering, you will receive an email with detailed log-in information for the webinar.

    recording of the webinar will be posted on the Wage and Hour Division’s overtime final rule website after the live presentation.

    If you have any questions regarding the final overtime rule or other employment matters, you may contact Jenny Holt Teeter or Brianna C. Cook


  • 15 Oct 2019 8:44 AM | Melanie Ridlon (Administrator)

    The U.S. Department of Labor (DOL) announced a proposed rule for tip provisions of the Fair Labor Standards Act (FLSA) implementing provisions of the Consolidated Appropriations Act of 2018 (CAA). The proposal would also codify existing Wage and Hour Division (WHD) guidance into a rule.

    The CAA prohibits employers from keeping employees’ tips.  DOL’s proposed rule would allow employers who do not take a tip credit (paying tipped employees only $2.13 per hour), to establish a tip pool to be shared between workers who receive tips and are paid the full minimum wage and employees that do not traditionally receive tips, such as dishwashers and cooks.

    The proposed rule would not impact regulations providing that employers who take a tip credit may only have a tip pool among traditionally tipped employees. An employer may take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently $2.13 per hour) and the federal minimum wage. Establishments utilizing a tip credit may only have a tip pool among traditionally tipped employees.

    Additionally, the proposed rule reflects the Department’s guidance that an employer may take a tip credit for any amount of time an employee in a tipped occupation performs related non-tipped duties with tipped duties. For the employer to use the tip credit, the employee must perform non-tipped duties contemporaneous with, or within a reasonable time immediately before or after, performing the tipped duties. The proposed regulation also addresses which non-tipped duties are related to a tip-producing occupation.

    This Proposed Rule will be available for review and public comment for 60 days after publication. The Department encourages interested parties to submit comments on the proposed rule. The Proposed Rule, along with the procedures for submitting comments, can be found at the WHD’s Proposed Rule website.

     

    If you have any questions regarding the Department of Labor or the Fair Labor Standards Act, you may contact Jenny Holt Teeter or Brianna C. Cook.


  • 11 Oct 2019 11:47 AM | Melanie Ridlon (Administrator)

    The Functional Affirmative Action Program (FAAP) has a new directive, which includes the following updates to better serve federal contractors:

    • OFCCP will no longer consider compliance history when reviewing a request for a new FAAP agreement or termination.
    • The extended agreement term is five years, up from three years.
    • There will be a minimum of 36 months between compliance evaluations for a single functional unit. This is 12 months longer than an establishment review.
    • Complete FAAP applications will be determined within 60 days. Historically, there was no deadline.
    • OFCCP no longer requires that FAAP contractors undergo at least one compliance evaluation during the term of their FAAP agreement.

    For details go to DIRECTIVE (DIR) 2013-01 Revision 2.

    If you have any questions regarding the Office of Federal Contract Compliance Programs or Functional Affirmative Action Programs, you may contact Jenny Holt Teeter or Brianna C. Cook.

     

     


  • 30 Sep 2019 11:22 AM | Randy Martinsen (Administrator)

    Click HERE to view the October 2019 HR Perspectives Newsletter


  • 24 Sep 2019 3:33 PM | Melanie Ridlon (Administrator)

    Today the U.S. Department of Labor announced a final rule, effective on January 1, 2020, to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). 

    The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses/commissions towards meeting the salary level.

    In the final rule, the Department is:

    •     raising the “standard salary level” from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);

    •     raising the total annual compensation level for “highly compensated employees (HCE)” from the currently-enforced level of $100,000 to $107,432 per year;

    •     allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and

    •     revising the special salary levels for workers in U.S. territories and in the motion picture industry.

    More information about the final rule is available at https://www.dol.gov/whd/overtime2019/overtime_FR.pdf.

    If you have any questions regarding the final overtime rule or other employment matters, you may contact Jenny Holt Teeter or Brianna C. Cook


  • 11 Sep 2019 6:54 PM | Melanie Ridlon (Administrator)

    The U.S. Department of Labor has issued three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Consumer Credit Protection Act (CCPA).

    FMLA2019-3-A: Addressing whether an employer may delay designating paid leave as FMLA leave due to a collective bargaining agreement;

    FLSA2019-13: Addressing the ordinary meaning of the phrase “not less than one month” for purposes of FLSA section 7(i)’s representative period requirement; and

    CCPA2019-1: Addressing whether employers’ contributions to employees’ health savings accounts are earnings under the CCPA.

    The Department offers an Opinion Letter Search and encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions.

    If you have any questions regarding opinion letters or the FLSA, FMLA, or CCPA, you may contact Jenny Holt Teeter or Brianna C. Cook of Gill Ragon Owen, P.A. 

     


  • 3 Sep 2019 10:17 AM | Randy Martinsen (Administrator)

    Click HERE to view the September 2019 HR Perspectives Newsletter


  • 21 Aug 2019 8:22 AM | Melanie Ridlon (Administrator)

    The updated Arkansas Department of Labor and Licensing minimum wage poster was effective August 1, 2019. It is required to be posted in a conspicuous place accessible to all employees. Click here for a printable copy.

    If you have any questions regarding Employment Law, you may contact Jenny Holt Teeter or Brianna C. Cook.


  • 12 Aug 2019 11:59 AM | Melanie Ridlon (Administrator)

    The U.S. Department of Labor issued the following three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

    FMLA2019-2-A, addressing whether time spent attending a Committee on Special Education meeting to discuss a child’s Individualized Education Program qualifies as FMLA leave;

    FLSA2019-11, addressing the application of the section 7(k) overtime exemption to public agency employees engaged in both fire protection and law enforcement activities; and 

    FLSA2019-12, addressing the employment status of volunteer reserve deputies who may perform paid extra duty work for third parties.

    The Department offers an Opinion Letter Search and encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions.

     

    If you have any questions regarding these opinion letters or other Department of Labor issues, you may contact Jenny Holt Teeter or Brianna C. Cook


  • 6 Aug 2019 11:57 AM | Melanie Ridlon (Administrator)
    • The “PAYMENT ON DISCHARGE” law (Ark Code Ann 4-11-405) was amended and updated in the last legislative session.  An employer who discharges an employee must pay the wages due by the next regular payday.  Failure to pay within 7 days of the next regular payday will obligate the employer to pay double wages.  The Arkansas Department of Labor and Licensing (ADOL) interprets “next regular payday” to mean the pay day in which the wages in question would normally be paid.  Though the statute requires payment on “discharge” and does not appear to apply to employees who resign/quit, ADOL has stated that their office will take wage claims from employees who quit and have not been paid by the next regular payday (or within the 7-day grace period).
    • There is a NEW INDEPENDENT CONTRACTOR TEST for the following state agencies:  Arkansas Department of Labor, Workers’ Compensation, and Department of Workforce Services.  The new test matches the IRS test.  Now is the time to reevaluate your employees and independent contractor classifications.  The factors are found in the following link: Empower Independent Contractors Act.

    REMINDER: AR MINIMUM WAGE (AMWA) GOES UP TO $10/HR IN JANUARY, 2020.

    • New law requires proof that a violation is willful to recover liquidated damages under the AMWA law for private civil lawsuits.
    • Statute of limitations on claims under the AMWA was changed from 3 years to 2 years.

    If you have any questions regarding these updates, you may contact Jenny Holt Teeter or Brianna C. Cook at Gill, Ragon, Owen Attorneys.



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