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Spectators could be excused for confusing a recent U.S. Supreme Court oral argument session with an episode of TLC’s What Not to Wear. On Nov. 4, the Court heard arguments in Sandifer v. U.S. Steel Corp.(No. 12-417) which focused on how to define “clothes” versus protective equipment and whether time spent donning those items is compensable. The […]
Employers who ignore or miscalculate the “regular rate” make an easy, but costly, mistake. Here’s what the Fair Labor Standards Act’s (FLSA) requirement is and how to make the calculation. What’s the Deal with the ‘Regular Rate’? First of all, overtime, at the rate of at least time and one half, must be paid on […]
Here are some of the other important changes included in the final affirmative action rule: The incorporation of specific EO Clause language in subcontracts. In order to incorporate the equal opportunity (EO) clause by reference in subcontracts, contractors must include specific language spelled out in the new regulations. This language notifies subcontractors of their responsibilities […]
Last August, the OFCCP announced a final rule that makes significant changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act, or VEVRAA. VEVRAA prohibits employment discrimination against specified categories of veterans by federal government contractors and subcontractors. For a closer look at the new regulations and the implications for federal contractors, we […]
The arrival of cooler weather heralds the end of daylight saving time and a potential Fair Labor Standards Act challenge for employers with employees who work a graveyard shift. This year, daylight saving time ends on Nov. 3, and most states will set the clocks back one hour beginning at 2 a.m. Employees working the […]
Employers now have the option of allowing plan participants to roll over up to $500 in unused FSA funds at the end of each plan year, under a new regulatory interpretation on health flexible spending accounts, the U.S. Treasury Department and IRS announced Oct. 31. Employers are free to change their plan designs accordingly for […]
Unless Congress acts soon, employees will once again have less to use for mass transit expenses under qualified transportation fringe benefit plans, and employers will once again have to lower the limits they allow under QTFBs at the end of the year. The mass transit component of QTFBs, which covers expenses incurred in commuting to […]
In addition to the major changes discussed in yesterday’s Advisor, there are several other important changes that are included in the final Section 503 rule, says Schoenfeld. Definitions The definition of “disability” has been revised, pursuant to the ADA Amendments Act (ADAAA) of 2008. EO Clause Contractors will be required to state in solicitations and […]
The changes are to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which prohibits employment discrimination against individuals with disabilities. BLR Senior Legal Editor and affirmative action expert Susan Schoenfeld explains how the new regulations will impact government contractors. Effective Date in March 2014 According to the OFCCP, the new rules will […]
The federal government resumed operations this week. As the U.S. Department of Labor’s Wage and Hour Division gets up and running, operations to enforce the Fair Labor Standards Act are likely to resume quickly. Smart employers should brush up on DOL enforcement basics so they’re prepared. DOL is authorized by the FLSA to investigate and […]