Webinar: Making Sense of the Department of Labor's New Exemption Rules

On May 18, 2016, the U.S. Department of Labor announced a ruling that amends the white colloar overtime exemptions to the Fair Labor Standards Act (FLSA). This rule increases the threshold salary for the exemption to $913 per week ($47,476 per year). The new rule also increases the total annual compensation requirement needed to exempt highly compensated employees to $134,004 per year.

This rule will take effect on December 1, 2016.

Because this will impact many of our clients, our HR partner, ThinkHR, is hosting a webinar on Thursday, June 9 at 11:30am Eastern.

Click here to register for the webinar.

Robin Shea, partner in the national labor and employment law firm Constangy, Brooks, Smith & Prophete, LLP is conducting the webinar. Here's what you'll learn:

  • The details of the DOL’s final rule and how this impacts “white collar” exemptions (executive, professional and administrative)
  • Key compliance deadlines you must meet
  • Practical considerations in managing reclassifications of employees from exempt to nonexempt status
  • How the final rule could impact telecommuting/remote worker policies
  • Tips for communicating classification changes to your employees
  • Plus other considerations based on the final regulations

This webinar session is also worth 1 HRCI/SHRM credit.

The deadline isn't until December, but you need to start thinking about how your organization is going to react to this change now. In addition to ThinkHR, we have in-house HR expertise, so don't hesitate to reach out to us with questions.

Additional resource:

It’s Finally Here! DOL Releases the New FLSA White Collar Overtime Exemption Rules (ThinkHR)

OSHA Recordkeeping Q&A: Injury at the end of 2015 with days away from work in 2016

Question

An employee who was injured in 2015 had days away from work and restricted work that ran over into 2016. Do I record his days away from work in 2016 onto the 2016 log or do I go back and record it on the 2015 log when the accident actually occurred?

Answer

You must enter the number of calendar days away for the injury or illness on the OSHA 300 Log for the year in which the injury occurred. If the employee is still away from work because of the injury when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap.

Throw a Holiday Party Without the Headaches

Our HR partner, ThinkHR, is hosting a webinar on December 3 on holiday party do's and don'ts. If your company is planning on throwing a party this season, or if you need HCRI or SHRM CE credit, here are the details:

Thursday, December 3 at 8:30 a.m. Pacific/11:30 a.m. Eastern

How do you throw a company holiday party without headaches? Robin Shea, partner at Constangy, Brooks, Smith and Prophete, LLP will share the ins and outs from a legal and compliance perspective.

In her 60-minute presentation, Robin will cover the legal risks associated with workplace holiday parties, preferable party alternatives, minimizing employer liability, how to handle alcohol in the workplace. Participants will discover:

  • The legal risks associated with workplace holiday parties.
  • Everything you need to know about wage and hour in relation to company parties.
  • The risks and options associated with service alcohol.
  • Safer options for holiday parties.

This program is pre-approved for 1 (General) recertification credit hour towards PHR, SPHR and GPHR recertification through the HR Certification Institute and 1 SHRM PDC.

Space is limited, reserve your spot today!

CLICK HERE TO REGISTER

Carrier Claims Numbers

All phone numbers below have 24/7 service unless otherwise noted.

Uninsured Subcontractors

We've noticed a disturbing trend with a number of commercial clients recently - many workers' comp injuries are coming from uninsured subcontractors. These are typically one-man operations who have done work off and on for the company for years. Some have retired and are just coming back to do some part-time work.

If the subcontractor is insured with his own workers' comp policy, there's nothing wrong with this arrangement. The problem comes when he isn't. Here's why:

When the subcontractor isn't covered by his own policy, he falls under the policy of the employer. Any on-the-job injuries fall under the employer's workers' comp policy, which will directly impact their experience modification factor.

We have seen injuries of this type exceed $100,000 (that amount is comprised of medical costs and lost-time wages). How a $100,000 claim impacts your experience mod depends on your size and industry, but it can easily increase by 30% or more. All for an injury for which you shouldn't be paying a dime.

It's one thing if you were able to have the same controls in place for a subcontractor that you would have for a full-time employee (e.g., strict hiring practices, training, etc.), but the inherent differences between 1099 and W-2 arrangements prevent you from doing that.

So what's the solution?

Create a policy that states that all subcontractors must provide certificates of insurance. If they can't provide it, don't use them. If the work of that sub justifies the cost, you may offer to cover the cost of the policy.

If you have any questions about the mechanics of this process, don't hesitate to contact us. We'll be happy to walk you through your options.