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Archive for January, 2019

POTENTIAL FOR 2019 IN THE LABOR AND EMPLOYMENT LAW AREA

Labor Law 2019

While 2018 ushered in some important changes at the federal level in labor and employment law such as:

  • The Fair Labor Standards Act is amended to address tipped employees and tip ownership
  • The Tax Cuts and Jobs Act which impacts certain deductions and reporting provisions
  • Regulatory interpretations from the NLRB which reversed course from its previous decisions

It saw its strongest “advocate” in the passing of new laws from the local and state arena.   What will be some of the continuing trends for 2019?

We believe employers should continue to prepare for the following trends:

  • As marijuana use, both recreational and medicinal, become more widely accepted at state and local levels, look for more court’s and administrative interpretations with respect to zero tolerance drug policies
  • Required sexual harassment training
  • Increase in mandatory paid and unpaid time off including sick leave, military leave, and family leave
  • Restrictions on salary history questions
  • Cybersecurity requirements for the protection of employee data and employer procedures for dealing with breaches

Additionally, employers should keep their eye on minimum wage increases (both state and local) during 2019, “ban the box”, predictive scheduling and [at the federal level] the continued NLRB’s “reverse course” in the previous administration’s decisions as well as potential immigration policies.

Guest author:  Pautsch, Spognardi & Baiocchi Legal Group  (www.psb-attorneys.com)

Posted in Uncategorized on January 15th, 2019 · Comments Off on POTENTIAL FOR 2019 IN THE LABOR AND EMPLOYMENT LAW AREA

MINIMUM WAGE UPDATE – JANUARY 2019

The current federal minimum wage, under the Fair Labor Standards Act (FLSA), is $7.25 per hour which has been in effect since July 2009.  States have the ability to set a rate that is higher than the federal minimum rate and employers are obligated to pay the higher rate.  Currently, there are 29 states that have laws at the state or local level mandating higher pay than the federal rate.

On September 4, 2018, the Department of Labor published a Notice in the Federal Register to announce that, beginning January 1, 2019, the Executive Order 13658 minimum wage rate is increased to $10.60 per hour.  This Executive Order minimum wage rate generally must be paid to workers performing work on or in connection with covered contracts.  Additionally, beginning January 1, 2019, tipped employees performing work on or in connection with covered contracts generally must be paid a minimum cash wage of $7.40 per hour.

Voters across many states approved ballot measures to raise their state minimum rates over time, with increases occurring through 2020 and beyond.  There are 19 states which have an increase that takes effect on December 31, 2018 or January 1, 2019, including:  1) Alaska, 2) Arizona, 3) Arkansas, 4) California, 5) Colorado, 6) Delaware, 7) Florida, 8) Maine, 9) Massachusetts, 10) Minnesota, 11) Missouri, 12) Montana, 13) New Jersey, 14) New York, 15) Ohio, 16) Rhode Island, 17) South Dakota, 18) Vermont, 19) Washington.

For more details, click on the following link to view the WageWatch Minimum Wage Chart with details of federal, state and local minimum wage increases:  WageWatch – U.S. Minimum Wage Increases.  In addition to the statewide minimum wage increase, multiple states have approved minimum wage increases that are higher than the statewide average.  (The increases are referenced in the attached Excel spreadsheet).  There is one state, Oregon, and the District of Columbia that have scheduled their wage increase to begin on July 1, 2019.

Although there are no statewide minimum wage increases, there are several states in which specific cities and/or counties which have wage increases scheduled to occur on 1/1/2019; these states include:  Illinois, Maryland, and New Mexico.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives. WageWatch offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

THE BOOMER GENERATION IN THE WORKPLACE

It is not uncommon for baby boomers to now work side by side with co-workers from generation X and generation Y.  Each of the generations in the workplace today grew up in times with widely varying political and social issues, technology and other factors, which have affected their attitudes on everyday life.  As an employer, it’s important that you understand each of the generations you employ in order to provide them with the work environment and rewards that make them most happy.

The basic employment packages for businesses are based on the needs of baby boomers, a very loyal generation of workers, typically staying with the same company for many years.  Employees of this generation value their benefits, such as health insurance, life insurance, and vacation time.  To determine if their company is providing salaries and benefits that are on target with the industry average salary, many employers turn to market compensation and benefit survey data.  These baby boomer employees that have stayed with a company for most of their careers have invaluable knowledge and experience that is essential to business operations, so it’s important that employers keep them happy and reward them for their loyalty.

While it is important to keep baby boomers satisfied by analyzing market compensation data, benefit survey data and salary reports, it is also essential for employers to look at the needs of the upcoming generations.  Many baby boomers are in management positions but will start to retire around the same time leaving a large number of open positions.  It is essential that skilled employees of the X and Y generations be ready to take their place.

The new generations of workers enjoy benefits like the baby boomers, but these employees prefer additional incentives and small tokens of appreciation for their efforts.  This generation is not as loyal to the companies they work for, and have no problem moving to a job at another company every two or three years.  For this reason, it is even more important to build loyalty with employees of these generations by providing them with the benefits and incentives they desire. It is very beneficial for companies to use benefit survey data, market compensation data, and salary reports to determine the types of compensation, including incentives that are standard for the industry.  Having this data will help companies to stay competitive with other employers by creating appealing benefits packages that will attract and retain top talent.

Today’s world moves fast, and as an employer, you should constantly be monitoring and adjusting your business operations to meet the ever-changing wants and needs of your employees.  At WageWatch, we offer accurate, up-to-date benefit survey data, market compensation data and salary reports that will allow you to stay current with the times.  This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including market compensation data, benefit survey data, and salary reports, please call WageWatch at 888-330-9243 or contact us online.