August 1, 2017
Hello Leaders!

The Department of Labor is seeking employer input regarding minimum wage and overtime. Please read below for more information. It is always my goal to keep you informed, and ensure you avoid costly HR Mistakes.  

As always, call me at (810) 813-8732 for any questions or assistance with HR issues. Have a fantastic week!  

Vanessa G. Nelson

Employers Can Submit Comments through September 25, 2017 

The U.S. Department of Labor (DOL) has published a request for information (RFI) seeking input on its 2016 final rule which adjusted the salary thresholds for executive, administrative, and professional employees to be exempt from federal minimum wage and overtime pay requirements.

What Was in the 2016 Final Rule?

The 2016 final rule updated the federal minimum wage and overtime pay exemptions for executive, administrative, and professional employees by:

  • Raising the salary threshold from $455 a week to $913 per week (or $47,476 annually) for a full-year worker;
  • Setting the highly compensated employee total annual compensation level at $134,004 annually;
  • Generally allowing employers to use nondiscretionary bonuses, incentives, and commissions to satisfy up to 10% of the new standard salary level; and
  • Establishing a mechanism for automatically updating the salary and compensation thresholds every 3 years, beginning in 2020. 

Enforcement of the 2016 final rule was halted by a federal judge in December 2016, and remains the subject of litigation. 

On What Issues is the DOL Requesting Input?

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    Avoid ADA confusion and Costly HR Mistakes: Provide Reasonable ADA Accommodations

    Thursday, August 10, 2017

    10:00 a.m. - 11:30 a.m.

    Bring your ADA accommodation requests and ADA questions to this valuable webinar!  

    American's with Disabilities Act (ADA) lawsuits are on the rise. In one case in Illinois against Auto Zone, the jury found that the company refused to accommodate a sales manager's disability by insisting that he mop floors, which lead to further injury.  (EEOC v. AutoZone, Inc. Case No. 07-cv-1154 (C.D.Ill.)).  That case resulted in a $424,000 judgment against AutoZone. In another case, Wal-Mart agreed to pay $50,000 in back  pay and damages in settlement of a disability discrimination lawsuit filed by  the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that a Walmart store unlawfully fired a part-time sales clerk because of her cerebral  palsy.

    Employers deal with multiple obligations under federal, and state laws when employees take time off due to disabilities, illnesses, and injuries. With a rise in EEOC claims and litigation, it is crucial that employers determine reasonable and unreasonable accommodations appropriately to avoid massive lawsuits and ADA violations. Many illnesses and injuries, which are covered under other laws, such as the FMLA, may also constitute a “disability” and bring with it to an obligation under the ADA.

    Additionally, It is vital that employers identify and terminate ADA abusers; however, employers must proceed with caution when dealing with ADA abuse; as the cost of violating the law can be massive.  

    This webinar discusses and explains how to determine what are reasonable and unreasonable ADA accommodations and provides assistance and tips for providing ADA accommodations while managing your business.  Additionally, employers will learn when it is appropriate to deny ADA requests. Covered items include:

    • ADA overview,
    • Key terms and definitions
    • Determining what is a substantial limitation to a major life activity
    • Laws protecting disabled individuals from discrimination
    • Who is covered and why
    • Employment practices that are prohibited by the ADA
    • Identifying essential job functions and qualified individuals
    • Engaging in the Interactive Process
    • Determining if an employee has a qualified disability
    • Medical exams
    • Confidentiality of medical information
    • Confidentiality of accommodations
    • Reasonable accommodations
    • Job restructuring or additional training
    • How to document appropriately if an employee has a qualified disability
    • Responding when an individual refuses an offered accommodation

    Includes real life scenarios, trivia questions, and examples.