Final FLSA White Collar Exemption Rules Announced

The Department of Labor announced the new salary threshold for certain employees to qualify as exempt from minimum wage and overtime under the Fair Labor Standards Act’s White Collar Exemptions.

Effective December 1, 2016, the new minimum salary level will be $47,476 per year ($913 per week). Up to 10% of this income may come in the form of non-discretionary bonuses, incentive pay, or commissions, as long as that portion of the compensation is paid at least quarterly. In the event that an employee does not earn enough in bonuses and commissions to meet the full minimum salary requirement, a catch-up payment can be made by the employer once a quarter.

Under the play-or-pay provision, an "applicable large employer" (ALE) may be subject to penalties for failure to offer adequate health coverage to enough of its full-time employees (and their dependents).An ALE is generally an employer that employed 50 or more full-time employees (including full-time equivalents) during the previous year. Although seasonal workers must be included when determining whether your workforce exceeds this threshold, you won't be considered an ALE if:You passed that threshold for 120 days or fewer during a calendar year, andThe employees in excess of 50 who were empl...

Winter Haven, FL, April 15, 2016 — CertiPay, a national Payroll, Human Resources and Benefits Enrollment solutions company, is pleased to announce the successful completion of its annual Statement on Standards for Attestation Engagements (SSAE) 16 Type II audit for 2015. Completion of the SSAE 16 audit provides evidence of CertiPay’s strong commitment to the integrity of its web-based applications, including benefits enrollment, HR and payroll processing tools.The results of the audits were “unqualified,” meaning that the control measures in place are effective and operating as designed. “Rece...

Last September, President Obama issued an executive order requiring federal contractors to allow employees at least seven days of paid sick leave. Proposed regulations issued in late February 2016 (subject to public comment until March 28) added flesh to the bones of the executive order. Final regulations are to be published and will take effect by September 30. The number of people working under contract for the federal government is huge — so big, in fact, that the Congressional Budget Office last year couldn't even estimate a number when asked to do so by a member of the House Budget Commi...

If your company is classified as a joint employer with one or more other companies, you may be liable for overtime pay even if you carefully avoid workweeks that exceed 40 hours of work. Why? Because the Department of Labor's Wage and Hour Division (WHD) states that you and your fellow joint employers share responsibility for compliance with the Fair Labor Standards Act (FLSA).

The WHD fleshed out the details in a recent opinion letter (Administrator's Interpretation, No. 2016-1). According to this letter, a contract such as an agreement between you and a staffing company doesn't necessarily determine who the employer actually is. You can contractually delegate a lot of responsibility to a staffing company, including supervision, and still be considered joint employers. That determination, says the WHD, is based on "the economic realities of the working relationship."

A fundamental requirement of the National Labor Relations Act (NLRA) is that employers must not "interfere with, restrain or coerce employees in the exercise of their rights" to organize into labor unions, collectively bargain and engage in similar "concerted activities," according to § 8(a)(1) of the law.

In general, "concerted activities" occur when at least two employees take actions intended to improve their wages or working conditions. It can also mean action taken by one employee, such as communication with a supervisor. What that actually means in practical terms is spelled out on a case-by-case basis.

The U.S. Court of Appeals for the District of Columbia Circuit recently did just that in the case of Hyundai America Shipping Agency, Inc. v. National Labor Relations Board (No. 11-1351). The litigation began when a terminated employee, Sandra McCullough, complained to the National Labor Relations Board (NLRB) that she'd been fired for engaging in "protected concerted activities."

Question: Our business has determined that we're an applicable large employer (ALE) subject to employer shared responsibility under Internal Revenue Code Section 4980H. As an ALE with a fully insured health plan, what forms do we need to complete to report on health coverage? When do we need to file them with the IRS?

Back in 2010, police officers working for the Chicago Police Department's (CPD) Bureau of Organized Crime sued their employer, eventually earning class-action status for the case (Allen v. City of Chicago). The officers maintain that, while off duty, the CPD required them to access work-related emails, messages and phone calls on their BlackBerry devices. This, they claimed, was a violation of the Fair Labor Standards Act (FLSA).

If an employee lodges what you consider an unwarranted complaint about a supervisor at your company — possibly about you yourself — it's natural to feel some resentment. But matters can quickly go from bad to worse if, after filing the grievance, that employee believes he or she is being retaliated against.

Employers and other organizations got some good news from the IRS for the start of the new year. The tax agency announced that it's extending the due dates for filing 2015 Affordable Care Act (ACA) information returns. This gives employers extra time to complete two tasks:

1. Provide the forms to the recipients and
   
2. File the forms with the IRS.