FLSA Case on the Supreme Court Docket

The United States Supreme Court will be ruling on a Fair Labor Standards Act (FLSA) case concerning whether a highly compensated employee whose pay was determined on a daily basis is exempt from the FLSA. Through the end of July, close to 5,800 COVID related employment lawsuits have been filed. President Biden has nominated Jessica Looman, current acting Wage-Hour Administrator to be the next Wage-Hour Administrator.

HR News Roundup - July 2022

HR News Roundup: The Pandemic’s Effect on Women in the Workplace; Creating a High-Fairness Work Environment Improves Retention and Performance & More 

Watch this Space: Pay Trends

Should remote workers be paid less? How can organizations address gender pay equity and racial wage gaps? What should HR be doing now, as well as planning for the future? In this two-part series, HRCI CEO Dr. Amy Dufrane, SPHR, CAE, looks at the previously staid state of compensation and what the recent rapid changes mean to HR.

Revised Independent Contractor Regulations Expected Soon

The Department of Labor has finalized proposed regulations concerning independent contractor status. The EEOC has changed its guidance concerning COVID-19 testing and a federal court has issued a preliminary injunction preventing the implementation of guidance issued by EEOC concerning discrimination based on sexual orientation or transgender identity.

Why are Certifications Important in Continuing Education for HR?

How does the HR professional focus on continuous learning? While reading relevant literature and participating in professional network groups can be tools in the continuous learning toolbox, one of the most prevalent opportunities for continuous learning in the HR market is participation and completion of certificates and certification.

DOL May Propose Salary Basis Increase

The Department of Labor intends to issue a proposed rule in October revising the regulations implementing the FLSA’s overtime exemptions for executive, administrative, and professional employees. The US Supreme Court has ruled that employer health insurance plans can limit coverage for end stage renal disease. OSHA has extended its national emphasis program for COVID-19 that covers healthcare facilities as well as meat and poultry processing plants. The Workplace Misconduct Accountability Act has been introduced in the House of Representatives to safeguard against the abuse of non-disclosure agreements.

Barriers to Digital Transformation

Independent Contractor Rule Being Developed By DOL

The Department of Labor is working on a new independent contractor rule and is seeking input from employers and workers. The US Supreme Court issued a unanimous decision that raised the issue as to what are the requirements to waive an arbitration agreement in an employment case.

HR: The C-Suite's Secret Weapon

Wage Theft Legislation Advances in Congress

A committee in the House of Representatives approved legislation designed to prevent wage theft and enable those impacted by it to recover lost wages. The Justice Department issued guidance on the use of artificial intelligence in making hiring decisions and the possible impact on people with disabilities. The Labor Department updated guidance on the availability of FMLA leave to address mental health conditions. Two recent studies detailed the positive feedback from both charging parties and respondents who used the EEOC’s online mediation programs.

Continuous Learning Required

HR News Roundup - May 2022

Stories that caught our eye in May.

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Psychological Safety in the Workplace

More difficult to identify, psychologically unsafe work environments can be just as risky as dealing with hazardous materials on the job. As HR professionals, what can we be doing to identify the signals and support a culture of psychological safety?

EEOC Issues Guidance on Disability Discrimination

The Equal Employment Opportunity Commission (EEOC) is providing technical assistance concerning the possible disability discrimination in violation of the Americans with Disabilities Act (ADA) due to employers’ using artificial intelligence tools.

Baby Boomer and Millennial Harmony

House Passes Arbitration & Retirement Legislation

The US House of Representatives has passed legislation that would end mandatory arbitration agreements in employment and other disputes. The House of Representatives also has passed retirement reform legislation that is designed to provide additional retirement security to employees. Due to the increase in inflation, the IRS has announced that the health savings accounts limits will be increased by 5.5% in 2023. The Department of Labor prevailed in a misclassification case against a medical staffing agency.

Make Workforce Analytics Work.

Equal Employment Opportunity (EEO)-1 Report Due by May 17th

The Equal Employment Opportunity Commission (EEOC) announced on April 12th that the EEO-1 data collection was now open. The deadline for submission of the report is May 17, 2022. The EEO-1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographics including data by race/ethnicity, sex, and job categories.

Disability Inclusive Training Program.

US House of Representatives Passes Discrimination Law

The House of Representatives has approved legislation amending Title VII to make it unlawful to discriminate against individuals based on hair texture or hairstyle. Federal agencies have taken several actions including the Department of Labor launching a campaign to promote mental health friendly workplaces and proposing amended regulations to the Davis-Bacon Act, and the EEOC providing information on caregiver discrimination.

Things CFOs Wish CHROs Ask

Keeping Up to Date with Compliance-Related Risks When Expanding a Business into a Foreign Country

Global HR professionals should be familiar not only with the laws and compliance regulations to which their company must adhere in their country of origin, but also with the same types of laws and regulations in the countries in which their company wants to create satellite offices, subsidiaries or other types of operations.