Overtime Rule for White Collar Exemptions Is Finally Here

The U.S. Department of Labor Wage and Hour Division (DOL) published the highly anticipated final rule revising the overtime regulations today. The rule revises the regulations defining which white collar workers are eligible to receive overtime pay for hours worked over 40 in a workweek under the Fair Labor Standards Act (FLSA). The final rule, which increases the annual salary threshold for white collar workers from $23,660 to $47,476 or from $455 to $913 per week, is more than double the current minimum salary for the overtime exemption but is less than the anticipated increase, which was proposed to be $50,440 per year or $970 per week. As expected, the rule includes, for the first time, an automatic-escalator for the salary threshold to keep pace with inflation. [More]

EEOC Issues "Fact Sheet" on Bathroom Access for Transgender Employees

On May 2, 2016, the U.S. Equal Employment Opportunity Commission issued a new "Fact Sheet" on bathroom access rights for transgender employees. The agency warned employers that discrimination based on an employee's transgender status is sex discrimination under federal law. The Fact Sheet reflects the EEOC's position that employers are prohibited from preventing an employee from using a bathroom corresponding to the employee's gender identity. The Fact Sheet further reflects the EEOC's position that an employer may not condition the right to use a restroom corresponding to the employee's gender identity on the employee undergoing, or providing proof of, surgery or any other medical procedure to demonstrate the employee's gender. The EEOC also takes the position that an employer cannot restrict a transgender employee to a single-user bathroom unless the employer makes a single-user restroom available to all employees who might choose to use it. [More]

UPDATE ON THE REVISED I-9 FORM

On March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published a 30-day notice in the Federal Register seeking public comment on proposed changes to Form I-9, Employment Eligibility Verification. The public may comment on the proposed changes for 30 days, until April 27, 2016. After the 30-day comment period ends, USCIS will consider public comments and make changes to Form I-9 which it deems appropriate. The Office of Management and Budget (OMB) will then review and approve the information collection. The revised I-9 Form will be posted on the USCIS website along with instructions. [More]

Overtime Rule for White Collar Exemptions Coming Sooner than Expected

On March 14, 2016, the U.S. Department of Labor's Wage and Hour Division sent its proposed final rule revising the overtime regulations to the Office of Management and Budget (OMB). This review typically takes between 30 and 90 days. Once the final rule clears OMB review, it will be published in the Federal Register. Based on this new timetable, it's possible that the Final Rule could be effective as early as June 2016. [More]