The final ruling on the salary threshold for the white-collar exemptions to the Fair Labor Standards Act (FLSA) was submitted by the Department of Labor (DoL) on August 12, 2019. The Office of Information and Regulatory Affairs (OIRA) is required to review all drafts, final standards, as well as regulatory actions before the implementation of the ruling. This review will be the last step before the overtime ruling is release to the public. While OIRA has 90 days to conduct their review, they could come to a conclusion as quickly as 30 to 60 days. If this timeline plays out, it is likely that the public will hear of the final rule in the month of October or November.
While the ruling is up for review, the public is not allowed any specific information on any changes made to the proposed rule. However, interested stakeholders are allowed to file comments or request meetings with the administrator while the ruling is in review with the OIRA. For meeting requests, please use this link.
As the ruling is undergoing review, we will continue to keep you updated on any further developments.
With any DoL rulings, TimeClock Plus is here to provide you with the tools and technology needed to pay your people accurately while maintaining FLSA compliance. Our flexible licensing model allows you to react and adjust to any changing legislation quickly. For more than 30 years, we have served one purpose - to protect our customers, our team, and all of those impacted by our business. If you believe the 2019 DoL proposal may impact your organization, contact one of our Solutions Consultants and see how we can help you.
Former Secretary of Labor Alexander Acosta resigned after facing scrutiny over his involvement in securing a plea deal for sex offender Jeffrey Epstein. Patrick Pizzella, the previous labor deputy secretary, became acting secretary on July 20, and President Donald Trump named management-side attorney Eugene Scalia as his pick to permanently fill the role. So what do all these changes mean for employers and Department of Labor (DOL) priorities?
On May 27th, 2019, the newly-elected United Conservative Party (UCP) Government, introduced Bill 2 to the Provincial Legislature which proposed amendments to the labor and employment laws in Alberta.
If Bill 2 passes in it's current form, employers can expect the following changes to be made to the Employment Standards and Labor Relations Codes for Alberta.
Employment Standards Code changes, which will take effect on September 1st, 2019, include:
1. Provide employees and employers with the option to structure straight-time banked hours instead of mandating that each hour of overtime worked require 1.5 hours off with pay.
2. Repeal provisions regarding Flexible Averaging Agreements because the proposed alterations to overtime banking will negate these agreements.
3. Include qualifying periods for holiday pay mandating that the employee is eligible for holiday pay if the employee has worked for the same employer for 30 work days in the last 12 months before the general holiday.
4. Return the distinctions between regular and irregular workdays when determining entitlement to general holiday pay.
Labor Relations Code changes include:
1. Return to mandatory secret ballot processes for all union certification votes through the removal of the provisions regarding certification without a representation vote.
2. Reduce the timeline for unions to provide evidence of employee support for union certification.
3. Establish programs to support and assist employees in understanding and exercising their rights under various labor-related acts in relations to unions and employers.
4. Bolster the marshaling provisions to coordinate employment-related complaints when the complaints involve multiple forums.
Employment Standards Regulations amendment, which will take effect on June 26th, 2019, includes:
1. Reduced youth minimum wage rate from $15 an hour to $13 an hour.
2. The youth minimum wage applies to students under the age of 18 who attended school up to Grade 12, post-secondary, or vocational school. It will also apply to those who work less than 28 hours per week when school is in session. When school is not in session, the minimum wage for students will be $13 an hour, regardless of hours worked.
About TimeClock Plus
In time and attendance, accuracy is everything. Inaccurate payroll can result in lost trust with employees, problems with human resources, and even wage and labor penalties. TimeClock Plus provides you the tools and technology needed to pay your people accurately and on time while maintaining labor compliance. Our flexible licensing model allows you to adjust to your changing circumstances and to react to changing legislation quickly. For more than 30 years, we have served one purpose - to protect our customers, our team, and all of those impacted by our business. If you believe your organization may be affected by the Alberta labor law changes, contact one of our Solutions Consultants and see how we can help you.
*Administering different types of paid and unpaid leave can be tricky, especially because so many of them overlap. There are legal ramifications to getting it right in many cases, but there are also risks to employee morale and turnover if you get it wrong. This goes for paid time off (PTO), the Family and Medical Leave Act (FMLA), and all other forms of leave an organization may offer. Many of the items discussed in this article focus on the FMLA as this type of leave is quite easy to administer improperly.