An HR Advisor is here to help by email, live chat, or phone. SHRM India has India-specific pricing and certification details. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Some of the topics on which comment was requested, along with a number of alternative approaches described in the proposed rule, suggests that the ultimate product of the rulemaking may be less than a total ban. Survey Participation and Information Templates, CUPA-HR Welcomes a New Board of Directors for 2022-23. The United States Department of Labor ("DOL") is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act ("FLSA"). The proposed overtime rule will be published in May, according to the agenda. Employment and Training Administration Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, In October 2022, DOLs Employment and Training Administration (ETA) plans to issue an NPRM to establish a new wage methodology for setting prevailing wage levels for H-1B/H-1B1/E-3 and PERM programs consistent with the requirements of the Immigration and Nationality Act. The proposal will likely amend the Trump administrations final rule that was scheduled to take effect on November 14, 2022, but was subsequently vacated by a federal court in June 2021. Based on a thorough review of the Regulatory Agenda, CUPA-HR would like to highlight the following proposed actions for members, including an updated target date for the release of a new overtime proposal. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} In July 2022, the National Labor Relations Board (NLRB) is planning to release an NPRM to potentially amend the standard determining when two employers may be considered joint employers under the National Labor Relations Act. The U.S. Department of Labor (DOL) had predicted it would issue its proposed new rule to overhaul the overtime regulations of the Fair Labor Standards Act in October, but we are still waiting for that proposal. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The department said in the regulatory agenda that "the danger faced by health care workers continues to be of the highest concern and measures to prevent the spread of COVID-19 are still needed to protect them." Access a collection of interactive online tools and presentations that address overtime pay requirements. Sign up for our newsletter and get the latest to your inbox. Matt Popovich. Many unions and other worker advocates believe the DOL should match or exceed the $921 salary level of the 2016 proposed rule, with several groups demanding the salary level be set at $1,000 per week. The courts blocked this proposal shortly before it was scheduled for implementation. enter into or attempt to enter into a noncompete agreement with a worker; maintain a noncompete agreement with a worker; or. Please log in as a SHRM member before saving bookmarks. Despite relying on the labor of millions of workers to provide their services, platform companies have established a business model on the premise that they employ no one. The Act applies on a workweek basis. State law requires [] Track your regular work hours, break time, and overtime hours. Fair Labor Standards Act The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations . On July 16, 2021, the U.S. District Court for the Southern District of Texas vacated the June 2012 memorandum that created the DACA policy and permanently blocked the DHS from administering the DACA program and from reimplementing DACA without compliance with the Administrative Procedure Act. The U.S. Department of Labor (DOL) recently announced its intent to update the salary level threshold for "white-collar" exemptions to parts of the Fair Labor Standards Act, a regulatory change that could significantly affect community colleges. Wage and Hour Division Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, According to the Regulatory Agenda, the Department of Labor (DOL)s Wage and Hour Division (WHD) is now planning to release a Notice of Proposed Rulemaking (NPRM) to address changes to the Fair Labor Standards Act (FLSA)s overtime pay requirements in October 2022. In the Fall 2021 Regulatory Agenda, the DOL's Wage and Hour Division (WHD) announced plans to issue an NPRM as early as April 2022 to address overtime pay requirements for certain white-collar employees.1 Since 1938, the Fair Labor Standards Act (FLSA or Act) has established the minimum wage and overtime pay There are some in the department who believe that in order to be eligible for the exemption, an employee shouldn't be involved in any type of selling, she said. Once a sleepy area of employment law, the FLSAs regulations took the spotlight when the Obama administration announced its intent to update the rules floor for overtime eligibility. Under the FLSA, employees must receive overtime pay of at least one and one-half times their regular rate of pay for work in excess of forty hours per workweek. FTC Proposed Rule Would Ban Noncompete Agreements The Federal Trade Commission (FTC) has proposed a rule that would ban employers from imposing noncompete agreements on their employees. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments. Members may download one copy of our sample forms and templates for your personal use within your organization. CUPA-HR filedcommentsin opposition to the Trump administrations regulations on the issue andin responseto the Biden administrations RFI. p.usa-alert__text {margin-bottom:0!important;} ol{list-style-type: decimal;} As the current minimum salary amount is $684/week, it is expected for DOL . Federal law currently requires overtime pay only for employees who earn an annual salary of less than $35,568, although many such workers are excluded. Shortly thereafter, President Donald Trump took office and DOL abandoned its defense of the rule. As with the overtime rule, the final independent contractor rule would take effect no sooner than 60 days after it is published in the Federal Register. Effective Jan. 1, 2022, the minimum wage in California will increase to $15 per hour for large employers with 26 or more employees; it will increase to $14 for small employers with fewer than 25 employees. Protecting vulnerable workers and persons from underserved communities from employment discrimination. The deadline to announce such changes was initially set for April 2022 but has since seen several delays. Shortly thereafter, President Donald Trump took office and DOL abandoned its defense of the rule. President Joe Biden directed the DHS on Jan. 20, 2021, to take all appropriate actions to preserve and strengthen DACA, consistent with applicable law. } In particular, the House Education and Labor Committee (expected to be renamed the "House Education and Workforce Committee" by the new Republican majority) is expected to pursue aggressive oversight of the DOL and the NLRB. The proposed rule . The agency ultimately proposed and successfully implemented a $35,568 threshold. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Please log in as a SHRM member. var currentUrl = window.location.href.toLowerCase(); Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. CUPA-HR filed anextension request with the department asking for an additional 90 days to evaluate the NPRMs impact on [members] research missions and collect the information needed in order to provide thoughtful and accurate input to the USDA, as well as official comments that were pulled from 2012 comments CUPA-HR submitted with the Society for Human Resource Management (SHRM). For questions or additional information, contact Reichenberg atneilreichenberg@yahoo.com. Neither Arthur J. Gallagher & Co., nor its affiliates provide accounting, legal or tax advice. U.S. Department of Labor (DOL)/Wage and Hour Division (WHD), DOL/Office of Labor-Management Standards (OLMS), DOL/Employee Benefits Security Administration (EBSA), Occupational Safety and Health Administration (OSHA). Members may download one copy of our sample forms and templates for your personal use within your organization. The agency took meetings and held online listening sessions with stakeholders last year. DOL/Employee Benefits Security Administration (EBSA) In the spring regulatory agenda, the U.S. Department of Homeland Security (DHS) announced that it plans to issue a final rule on Deferred Action for Childhood Arrivals (DACA) in August. Please log in as a SHRM member. WASHINGTON - The U.S. Department of Labor will publish a Notice of Proposed Rulemaking on Oct. 13 to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.. Get the Quickstart Guide for Employers. Today, the Office of Federal Contract Compliance Programs (OFCCP) acted to protect workers from discrimination and safeguard principles of religious freedom by rescinding the rule, "Implementing Legal Requirements Regarding the Equal Opportunity Clause's Religious Exemption.". Additionally, not knowing regulatory priorities can have an impact on budget and resource planning for employers, especially during a time of high inflation and anticipated economic recission. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. The Trump administration implemented the last increase from $23,660 per year to $35,568 per year in 2019. To find out more about our use of cookies and how to change your settings, please go to our Privacy Policy. The DOL initially planned to issue this new proposal in April 2022. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Guidance materials about overtime topics, including an Employment Law Guide, Qs & As, guide to overtime laws in the states, and more. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Its latest regulatory agenda lists May 2023 as the target date for two key Fair Labor Standards Act (FLSA) developments: a proposed overtime rule and a final independent contractor rule. /*-->*/. The Department of Labor's Wage and Hour Division is expected to propose new rules on independent contractor classification and overtime entitlement requirements in the . That salary threshold had been set at $23,600 ($455 per week) since 2004, and DOL sent shockwaves through the employment community when it proposed and finalized a rule to more than double . Then the final rule would need to take effect no sooner than 60 days after it is published in the Federal Register, assuming it is classified as a major rule. 200 Constitution AveNW [CDATA[/* >