Federal Employment Law Updates

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October 2016

None

September 2016

September 30 – The DOL issued the final rules for federal contractor paid sick leave

On September 30, 2016, the Department of Labor issued the final rules governing the paid sick leave federal contractors must provide to employees. The rules are based on Executive Order 13706 signed by President Obama implementing the new requirement. Pursuant to the executive order, covered federal contractors must provide covered employees at least seven (7) days of paid sick leave each year.

For more information, read Federal Contractor Paid Sick Leave Final Rule and DOL Final Rule Fact Sheet

For more information, read Sample Notice for Employer-Sponsored Wellness Programs.

September 20 – The United State’s Department of Labor issed the final rule increasing the minimum wage for federal contractors

On September 20, 2016, the United State’s Department of Labor issued the final rule increasing the minimum wage federal contractors must pay eligible employees. The new minimum wage is $10.20 ($6.80 for tipped employees). The new rules were issued pursuant to Executive Order 13658.

The new minimum wage takes effect on January 1, 2017.

For more information, read Final Rule for Federal Contractor Minimum Wage.

August 2016

None

July 2016

July 27 – The DOL issued new FLSA and EPPA posters

On July 27, 2016, the US Deparment of Labor issued new Fair Labor Standards Act (FLSA) and Employee Polygraph Protection Act (EPPA) posters. Employers are required to post the new notices by August 1, 2016.

For more information, read New FLSA Poster Information and New EPPA Poster Information.

June 2016

June 16 – The EEOC released a sample notice regarding wellness programs offered by employers

On June 16, 2016, the EEOC issued a sample notice employers can use to inform their employees about the legal limitations of employee wellness programs. Under federal rule, employers who offer employee wellness programs must ensure that they are complying with the federal laws such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act. This sample notice is intended to help educate employers and employees about the limitations on employee wellness programs.

For more information, read Sample Notice for Employer-Sponsored Wellness Programs.

June 2 – The EEOC issued a final rule that will increase the penalties for failing to post required notices

On June 2, 2016, the EEOC issued a final rule that will increase the penalties for employees who fail to post required notices related to Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA). The penalties increase from $210 to $525.

The increase is the first of ongoing annual increases that are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires federal agencies to annual adjust civil penalties consistent with inflation.

The new penalties become effective on July 5, 2016.

For more information, read Final Rule: Adjusting the Penalty for Violation of Notice Posting Requirements – 29 CFR 1601.

May 2016

May 18 – The DOL released final rules increasing the minimum salary requirements for white collar exempt employees under the FLSA

On May 18, 2016, the United Sates Department of Labor issued final rules that will increase the minimum salary requirement necessary for employees to qualify for white collar exemptions under the Fair Labor Standards Act

Under the new rules, to qualify for the administrative, executive, or professional exemption, an employee must earn at least $913 per week/$47,476 per year. Highly compensated employees must earn $134,004 per year. The other requirements remain the same. The new rules also establish a policy whereby the minimum salary threshold will change every three years consistent with changes in inflation.

The new regulations go into effect on December 1, 2016.

For more information, read the US DOL’s webpage dedicated to the change.

May 17 – The EEOC issued final rules regarding employer wellness programs and the ADA and GINA

On May 17, 2016, the EEOC issued final rules how employers should balance employee protections under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) with their desire to offer employer wellness programs.

The new rules go into effect on January 1, 2017

For more information, read ADA Final Rule and GINA Final Rule.

April 2016

None

March 2016

None

February 2016

February 16 – The Department of Homeland Security’s revised regulations affecting some highly skilled workers go into effect

On February 16, 2016, new regulations from the Department of Homeland Security’s go into effect that will affect some highly skilled workers. The new regulations are intended to make it easier for employers to obtain certain types of visas for nonimmigrant worker classifications.

For more information, read Federal Register: Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants

January 2016

None