XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. Assist with the proper classification of employees and independent contractors under the FLSA. The FTC stated that the proposed rule would apply to employees, independent contractors, and volunteers. .manual-search ul.usa-list li {max-width:100%;} On October 11, 2022, the U.S. Department of Labor (DOL) unveiled a new proposed rule that could make it more difficult for workers to be classified as independent contractors under the Fair Labor Standards Act (FLSA). According to the EEOCs lawsuit, Ronisha Moncrief worked for ISS Facility Services, Inc. as a health and safety manager. 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. $("span.current-site").html("SHRM MENA "); Before publication of todays proposed rulemaking, the departments Wage and Hour Division considered feedback shared by stakeholders in forums during the summer of 2022 and will now solicit comments on the proposed rule from interested parties. Addressing selected emerging and developing issues such as qualification standards that discriminate against individuals with disabilities, protecting individuals affected by pregnancy, childbirth and related medical conditions under the Pregnancy Discrimination Act, employment discrimination associated with COVID-19 and other threats to public health, and technology related discrimination. Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments. Comments on the draft plan must be submitted by February 9, 2023. 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.. Neither Arthur J. Gallagher & Co., nor its affiliates provide accounting, legal or tax advice. While employers should be monitoring these potential changes, the regulatory process is still in the early stages, said Jim Plunkett, an attorney with Ogletree Deakins in Washington, D.C. "At this time, stakeholders do not even know what changes the DOL will propose, much less finalize," he said. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } CUPA-HR has engaged with DHS on the Form I-9 flexibilities through the pandemic. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. DOL addressed the topic again in 2019 and enacted changes on January 1, 2020. Align the departments approach with courts FLSA interpretation and the economic reality test. CUPA-HR sent a letter to USCIS Director Ur M. Jaddou asking for this additional extension. $(document).ready(function () { United States Department of Labor Washington, DC 20210 Re: Overtime Regulations Proposed in the Fall 2021 Regulatory Agenda Dear Acting Administrator Looman: . Author: Michael Cardman, XpertHR Senior Legal Editor. CUPA-HR filedcommentsin opposition to the Trump administrations regulations on the issue andin responseto the Biden administrations RFI. Please purchase a SHRM membership before saving bookmarks. "If any of these issues make their way into new regulations in any significant way, litigation is assured.". According to FTC Chair Lina M. Khan, Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand. The FTC cited research showing that noncompete agreements restrict the mobility of impacted workers thus harming competition in the labor markets. Conversely, there is nothing stopping the DOL from issuing new rules before its target dates, either. Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages. From April through June 2022, DOL held several listening sessions for interested stakeholders to discuss any support or concerns they may have with the anticipated rulemaking. In the February NPRM, USDA provided only 32 days for stakeholder comment submissions on the proposal. On June 21, the Biden administration released the anticipated Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. If such an increase is proposed, it will impact millions of workers and almost certainly meet resistance in federal courts from private employers and business groups. In the Biden administration's fall 2021 regulatory agenda, the Department of Labor (DOL)'s Wage and Hour Division (WHD) announced that it planned to release in April 2022 a Notice of Proposed Rulemaking (NPRM) changing criteria for the "executive, administrative and professional" exemptions from the overtime pay requirements under the Fair Labor Standards Act (FLSA). With the issuance of its spring regulatory agenda on June 21, the U.S. Department of Labor (DOL) announced that its proposed overtime rule is now tentatively slated to be released in October. 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 September 2019, the Trump DOL issued a new overtime rule, which took effect on January 1, 2020, raising the weekly minimum salary for EAP exemptions from $455 per week ($23,660 per year . Copyright 2023 HRCI. The salary basis threshold was increased in 2019 from $23,660/year to $35,568/year. The salary basis threshold has been raised numerous times since Congress enacted the FLSA in 1938. 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. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. 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." The NPRM proposes a framework more consistent with longstanding judicial precedent on which employers have relied to classify workers as employees or independent contractors under the FLSA. An agency within the U.S. Department of Labor, 200 Constitution Ave NW The FTC is accepting public comments on the proposed rule until March 10, 2023, and they can be submitted online. The Division of Labor Standards protects all workers, including those that are undocumented or paid off the books, and ensures employers are following Labor Laws. Track your regular work hours, break time, and overtime hours. Joint-employer status under the National Labor Relations Act. June 29, 2022. Our goal is to ensure that all New York workers are being paid the proper wages, do not have their right to a meal period or day of rest violated, and to uphold New York State Labor Laws. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). In 2016, the Labor Department under President Obama had proposed a salary basis threshold of $47,476/year, which was invalidated by a District Court and the lawsuit was withdrawn by the Trump Administration. The U.S. Department of Labor (DOL) announced in its spring regulatory agenda in mid-June that a proposed new overtime rule will be released later this year. Separately, the National Labor Relations Board said it plans to propose in February 2022 an update to rules that govern when two or more employers are jointly liable . Regulatory agenda lists the status of anticipated regulatory actions. Department of Labor Intends to Extend Overtime Pay Requirements to More Workers. The overtime salary threshold limits will increase for the following states: California To qualify for the overtime exemption, licensed physicians and surgeons must earn at least $91.07 per hour. In its recent spring regulatory agenda, the U.S. Department of Labor (DOL) announced its plans to issue a proposed overtime rule in October 2022. Please purchase a SHRM membership before saving bookmarks. Misclassification is a serious issue that . A vast majority of organizations across numerous industries face potential compliance and monetary impacts if the legislation passes. While the employer allowed other employees in her position to work from home, it denied her request and shortly thereafter terminated her employment. For example, the lack of transparency in knowing what to expect makes it more difficult to hold the administrative state accountable for its plans. State law requires [] In 2021, four congressional Democrats argued for a threshold in line with the historical high point of salary thresholds the 55th percentile of earning of full-time salaried workers nationwide. That would have resulted in a threshold of, Webinar Section 13(a)(1) of the FLSA, codified at 29 U.S.C. . Need help with a specific HR issue like coronavirus or FLSA? A final rule on improving tracking of workplace injuries and illnesses is slated for December, as well. Once proposed, stakeholders will have an opportunity to comment before the agency finalizes its rule. 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. 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. The DOL initially planned to issue this new proposal in April 2022. Those changes, however, were less significant than the 2016 efforts to modify FLSA provisions, which were halted later due to a preliminary injunction.

How Much Do National Anthem Singers Get Paid, Articles D