Q: As a New York employer, what do I need to know about the increases to the minimum wage and the exempt salary threshold?
A: This is a timely question, since both the minimum wage and exempt salary threshold increased, effective December 31, 2016.
Wage and Hour
Checking it Once and Checking it Twice: FMLA Leave and Holiday Pay
By Tracey Diamond on
Q. Are we required to pay holiday pay to employees who are on FMLA leave? Does the holiday extend an employee’s FMLA time off?
A. With the holidays fast approaching, these are timely questions! With respect to holiday pay, the FMLA regulations state that employers must follow their own established policies in place for other forms of leave. So, if the employer’s policy is that employees on any type of unpaid leave of absence are not eligible for holiday pay, then no holiday pay is required for employees on FMLA leave during the holiday week. On the other hand, if your company pays holiday pay to employees who are on vacation the week of the holiday, for example, and the employee is substituting vacation for unpaid leave, then the employer must pay holiday pay to the employee on FMLA leave. It is therefore critical that the employer’s policy clearly states whether and under what conditions holiday pay will be paid, including when an employee is on leave. If you do not have a policy, or your policy is not clear, now would be a good time to put an updated policy in place.
Employers are Thankful for Injunction Blocking Overtime Rules
By Tracey Diamond on
As many were planning their turkey dinners and slipping away for the long weekend, a Texas federal judge granted a nationwide preliminary injunction last Tuesday, blocking the implementation of a higher salary threshold for exempt status of white collar workers.
Aggregating Pay Data in the New Year: Time to Get Your House in Order
By Tracey Diamond on
Posted in EEOC, Equal Pay, Federal Contractors, Human Resources, OFCCP, Uncategorized, Wage and Hour
Q. I work for a company that employees more than 100 employees. I heard somewhere that we now have to include pay data and hours worked on our EEO-1 forms. Is that true?
A. Yes! Beginning with calendar year 2017, employers with 100 or more employees will be required to…
Revisions to Overtime Laws Slated for December 1 Despite Lawsuits
By Lee Tankle on
Q: I heard a lawsuit was filed challenging the implementation of the revised overtime regulations. Do I still need to take steps to comply with the revised rules by December 1?
A: Yes! While it is true that 21 states and more than 50 business groups have filed two lawsuits challenging the Department of Labor’s revised overtime regulations, the filing of these lawsuits did not stay the effective date of the rules. In the past few days, the House of Representatives passed a bill to delay implementation of the revisions by six months, and a similar bill was introduced in the Senate. However, it is unlikely that either bill will be signed into law, given the President’s opposition to it.