30

Jun

2020

Outside Sales Exemption Gets Three DOL Opinion Letter Reviews

Author: Michael Burns

In the world of Wage and Hour law exemption determination there is the Fair Labor Standards Act (FLSA) that is the law on what jobs are “exempt” from most recordkeeping and payment of overtime for work over 40 hours in a week.

30

Jun

2020

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

Author: Anthony Kaylin

Last month’s Bostock decision ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights.  This decision has a number of subtle impacts that employers need to be cognizant of, including compensation and by extension employer sponsored health plans.

23

Jun

2020

Employees Under 59 ½ Can Take Retirement Plan Distributions Without Penalty Under CARES Act

Author: Michael Burns

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed in response to the COVID-19 pandemic. This law allows retirement plan participants access to their retirement plans through plan account distributions and loans that do not suffer the 10% penalty tax usually assessed for early distributions from plans. 

26

May

2020

New Fluctuating Workweek Rule Allows Employers More Options as Employee Work Schedules May Change

Author: Michael Burns

Last week the U.S. Department of Labor (DOL) published its final rule addressing compensation for non-exempt employees that work flexible or “fluctuating” workweeks. This new rule updates the DOL’s regulations where it outlined how overtime is calculated for salaried non-exempt workers whose hours vary by week. This new rule became effective on 5/20/2020.

5

May

2020

If Employees Get Sick With COVID-19 When We Return to Work, Are Employers Liable?

Author: Anthony Kaylin

The biggest fear for employers is what to do if an employee who came back to work is later diagnosed with COVID-19.   Are employers liable for these situations? 

7

Apr

2020

DOL Releases Temporary FFCRA Regulations Clarifying Employer Coverage and Documentation Requirements

Author: Kevin Marrs

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which creates two new emergency paid leave requirements in response to the COVID-19 global pandemic.  

7

Apr

2020

Update: EPLSA and Shelter in Place Order

Author: Anthony Kaylin

After the publication of last week’s article, which was written before temporary regulations by the U.S. Department of Labor were published in the Federal Register on April 1, it appears that the answer to the question – Will Governor Whitmer’s Executive Order Requiring Shelter in Place Trigger the Emergency Paid Sick Leave Act (EPLSA)? – is now yes. These temporary regulations are effective April 1 and last until December 31, 2020, and there is no 30-day notice and...

17

Mar

2020

U.S. Labor Department Gives State’s Ability to Extend Unemployment Benefits to Cover Loss of Jobs Due to Coronavirus

Author: Michael Burns

There are a lot of moving parts that HR has to stay on top of to effectively respond to the impact and fallout of the COVID-19 pandemic. ASE is keeping up on the employer end of this topic with a dedicated Coronavirus webpage. A survey on employer practices is being conducted to help with planning and decisions. Some preliminary data pertaining to employers’ actions around layoffs and unemployment is provided below.  ASE is also adding new classes and webinars designed to keep...

3

Mar

2020

Employers Expanding Paid Leave

Author: Sara Sosnowski

According to new survey from Business Group on Health, a majority of large employers here in the U.S. are working to expand their paid leave benefits.  The 2020 Employers’ Leave Strategy and Transformation Survey found that most employers are adding or considering new types of paid leaves or increasing the number of days available for leave.   In 2019 39% of the responding employers expanded their paid leave benefits with 38% planning to do so in 2020 and 35% looking even...

18

Feb

2020

The Ultimate Employee Perk – Travel Stipends

Author: Kristen Cifolelli

It’s winter and we still have a long way to go.  Many of us will look out the window at the cold and gray and imagine being somewhere warm and on the beach.  How would you like to work for an employer that actually provides you money on top of your paid time off to take that dream vacation?  The newest perk some generous employers have rewarded their employees with are travel stipends, or as some call it, “paid, paid vacation” that helps to take care of...

11

Feb

2020

Fringe Benefits are Changing Faster than Ever

Author: Jason Rowe

With today’s tight labor market, employers are turning over any stone they come across to find the next benefit program that allows them to attract and retain employees. Remote working and flexible work environments do not have the same enticing properties that they did even a few short years ago since these programs are now becoming an expected benefit by many employees rather than a perk.

7

Jan

2020

U.S. DOL Updates FLSA Regular Rate of Pay for Overtime Calculation Purposes

Author: Anthony Kaylin

In a highly technical environment, a major issue that has gained momentum in the growing wage and hour lawsuits is the determination of base pay wage rate for calculating overtime.  The question is what needs to be included and what can be excluded for the overtime pay base wage rate. The new rule, which was published on December 16, 2019, will be effective as of 1/15/2020 and HR needs to be prepared for the updated calculations.

3

Dec

2019

DOL Wage and Hour Issues Fact Sheet to Clarify New Exemption Regulations

Author: Michael Burns

The new salary level test for wage and hour exempt status goes into effect January 1, 2020. The new regulation raises the salary level test to $684/week or $35,568/year. This means for a position to be classified as exempt (Executive, Professional, or Administrative) and be paid on a salary basis while meeting the duties tests of those exemptions, it must be paid at least the salary above. That is unless the employer chooses to use a non-discretionary bonus to meet, at most, 10% of the...

12

Nov

2019

U.S. DOL Issues Proposed Regulations Addressing Fluctuating Workweek Schedules and Overtime

Author: Michael Burns

On November 4, 2019 the U.S. Department of Labor (USDOL) announced it would revise its fluctuating workweek rules. These rules apply to a fairly narrow segment of the total U.S. labor force. The revised rule would apply to salaried non-exempt employees whose hours vary each week.

29

Oct

2019

Should You Use Pay Advance Apps?

Author: Anthony Kaylin

Financial wellness is a major issue for today’s employees.  According to Gallup, financial wellness is "effectively managing your economic life." This simple concept encompasses many factors, including:  spending within one's means, being financially prepared for emergencies, having access to the information and tools necessary to make good financial decisions, and having a plan for the future. Overall, it’s all about financial security, which all employees regardless of...
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