|
APPLIES TO
All FLSA-Covered Employers
|
EFFECTIVE
Pending |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program: the Payroll Audit Independent Determination (“PAID”) program. The PAID program’s primary objectives are to expedite resolution of wage and hour claims, improve employer FLSA compliance, and facilitate payment of back wages owed to employees. The PAID program will be administered by the DOL’s Wage and Hour Division (“WHD”) and will be implemented for a trial period of six months. At the end of the trial period, the WHD will evaluate the effectiveness of the program and determine if modifications are needed. The WHD has not yet announced when the program will start.
All FLSA-covered employers may voluntarily participate in the program, except those who are currently under investigation or engaged in litigation, acting in bad faith, or have committed repeat violations. The PAID program is intended to help employers self-identify and correct non-compliant federal pay practices, such as misclassification issues, off-the-clock work, and failure to pay minimum wage or overtime. The PAID program may not resolve wage and hour violations of state law. If compensation issues are identified and employees voluntarily agree to resolve and release the specific wage and hour claims, employers must pay 100% of back pay owed, and may avoid liquidated damages, civil monetary damages, attorney’s fees, and other costs associated with litigation.
Employers interested in the PAID program can learn about how the program works and sign up for e-mail updates by visiting the WHD’s webpage.
Action Items
- Visit the DOL’s wage page on the PAID program here.
- Consult with legal counsel on how the PAID program may affect wage and hour violations.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2018 ManagEase
Washington: New “Ban-the-Box” Law Prevents Pre-Qualification Criminal Inquiries
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with WA Employees
EFFECTIVE
June 7, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Effective June 7, 2018, the Washington Fair Chance Act (the “Act”) imposes new “ban-the-box” requirements on employers. Employers may not obtain information about an applicant’s criminal history before the employer has determined the applicant is otherwise qualified, among other new requirements. Additionally, employers may not advertise job postings in a way that automatically excludes individuals with criminal history from applying. However, employers may still solicit information about criminal history after making the determination that the individual is otherwise qualified for the position.
Washington: New Laws Prohibit Silencing of Sexual Harassment Claims
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with WA Employees
EFFECTIVE
June 7, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Washington joins New York as one of the first states to enact new laws addressing confidentiality of workplace harassment and discrimination claims. A summary of these bills are included below.
Read more
May Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
U.S. DOL Announces New Payroll Audit Pilot Program
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All FLSA-Covered Employers
EFFECTIVE
Pending
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program: the Payroll Audit Independent Determination (“PAID”) program. The PAID program’s primary objectives are to expedite resolution of wage and hour claims, improve employer FLSA compliance, and facilitate payment of back wages owed to employees. The PAID program will be administered by the DOL’s Wage and Hour Division (“WHD”) and will be implemented for a trial period of six months. At the end of the trial period, the WHD will evaluate the effectiveness of the program and determine if modifications are needed. The WHD has not yet announced when the program will start.
All FLSA-covered employers may voluntarily participate in the program, except those who are currently under investigation or engaged in litigation, acting in bad faith, or have committed repeat violations. The PAID program is intended to help employers self-identify and correct non-compliant federal pay practices, such as misclassification issues, off-the-clock work, and failure to pay minimum wage or overtime. The PAID program may not resolve wage and hour violations of state law. If compensation issues are identified and employees voluntarily agree to resolve and release the specific wage and hour claims, employers must pay 100% of back pay owed, and may avoid liquidated damages, civil monetary damages, attorney’s fees, and other costs associated with litigation.
Employers interested in the PAID program can learn about how the program works and sign up for e-mail updates by visiting the WHD’s webpage.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2018 ManagEase
Immigration Update: H1-B Premium Process Suspension and Petition Document Requirements for Third-Party Worksites; Power of Attorney Signatures Prohibited
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers
EFFECTIVE
Varies; See Below
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The USCIS has announced a number of updates regarding foreign work visas and signatures on immigration documents. Employers who are in the process of, or otherwise intend to hire, foreign workers should review these updates carefully.
Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with MI, OH, KY, and TN Employees
EFFECTIVE
March 7, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On March 7, 2018, the Sixth Circuit Court of Appeals became the first federal appeals court to state that transgender and transitioning employees are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on specific protected categories. Further, the circuit court stated that “sincerely held religious beliefs” do not shield employers from Title VII discrimination claims.
California: Federal Arbitration Act Unenforceable in Employment Contracts for Employees Transporting Goods Outside the State
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with CA Employees
EFFECTIVE
February 23, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
A California Court of Appeal recently stated that the provisions of the Federal Arbitration Act (“FAA”) is unenforceable in employment contracts for employees who engage in interstate or foreign transportation, regardless of whether the employer is in the transportation industry.
Massachusetts: Attorney General Issues Guidance on Upcoming Statewide Equal Pay Law
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with MA Employees
EFFECTIVE
July 1, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On March 1, 2018, the Massachusetts Office of the Attorney General issued guidance on the Act to Establish Pay Equity (the “Act”). Originally signed in 2016 and soon-to-be effective on July 1, 2018, the law includes several significant new provisions designed to improve pay equity between employees of different genders. The Attorney General’s Guidance provides further clarity on how the Act applies to employers. Several key provisions are summarized below.
Massachusetts: Sick Pay is Not Considered Wages Under State Law
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with MA Employees
EFFECTIVE
January 29, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Tze-Kit v. Massachusetts Port Authority, the Massachusetts Supreme Judicial Court stated that sick pay is not considered wages under the Massachusetts Payment of Wages Law. Employers are not required to pay out accrued, unused sick pay as part of an employee’s final pay upon separation of employment.
Washington: Ban-the-Box, Sexual Harassment, Equal Pay Law, and Discrimination Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with WA Employees
EFFECTIVE
June 6 and 7, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The state of Washington recently passed several bills that affect employer practices. HB 1298 created the Fair Chance Act prohibiting applicant criminal inquiries, SB 5996 prohibits employers from requiring employees to sign nondisclosure agreements regarding harassment or sexual assault, HB 1506 updates and expands the statewide Equal Pay Act, and HB 2661 prohibits discrimination of victims of domestic violence.
Read more