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COMPENSABLE TIME

Compensable Time

Employers need to ensure they count all worked hours as paid hours for their non-exempt staff.  For example, when an employee eats lunch at their workstation or desk and their lunch is interrupted by work such as answering phones or email, the employee is working and must be paid for that time because the employee has not been completely relieved from duty.

If the employer has a policy that is expressly and clearly communicated to the employee regarding a specific length of time for a break, any unauthorized extensions of that break time do not need to be counted as hours worked.  Bonafide meal periods (typically 30 minutes or more) generally need not be compensated as work time.  However, the employee must be completely relieved from duty for the purpose of eating regular meals.

The federal Fair Labor Standards Act (FLSA), doesn’t require employers to provide meal or rest breaks, though some states do require such breaks and the rules can also be different for younger workers.  You can find a list of state meal and rest break laws at the Department of Labor’s website address: https://www.dol.gov/whd/state/meal.htm  and  https://www.dol.gov/whd/state/rest.htm.

Employers that fall under the federal guidelines do not have to pay for meal or rest breaks unless:

  • The employee works through or during their break, or
  • The break lasts 20 minutes or less, or
  • The break is interrupted by work

Some other compensable time under the federal rules can include waiting time, on-call time, attendance at meetings and training programs, travel time and performing work outside of work hours such as checking emails.

Waiting time may or may not be hours worked depending upon the circumstances.  If an employee needs to wait before a duty can start such as a firefighter waiting for an alarm, then the employee is ‘engaged to wait’ and this time is worked time and must be paid.

On-Call time is paid time if the employee is required to remain on the employer’s premises.  In most cases, the on-call time does not have to be paid when an employee is not required to remain on the employer’s premises.  However additional requirements put on the on-call time that further limits the employee’s freedom could require the time to be compensated.

Attendance at meetings or training programs is paid time when any of the following conditions are true:

  • It is during normal hours
  • It is mandatory (if the employee feels that they should or need to attend, then it is mandatory)
  • It is job-related

Travel time may be paid time or not depending upon the kind of travel involved.  Regular commute time to and from the worksite is not paid time.  When the employee works at a different worksite location then any commute time that is greater than the employee’s regular commute time to their usual work site needs to be counted as paid time.

Travel that is part of the regular work duties, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.  Overnight travel is work time and must be paid time

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 and that your pay practices are fair, equitable and non-discriminatory. We can provide your business with compensation surveys and salary reports to help you establish a budget for your merit pay program, including bonuses and incentives. Our innovative company is a leader in the collection of data for surveys and salary reports, which allows us to provide services to a wide range of industries in both the private and public sector. To learn more about our compensation surveys, salary reports, and other services, call 480-237-6130 or contact us online.

IMPACT OF MEDICAL MARIJUANA ON EMPLOYERS

Courts historically found a marijuana-positive drug test sufficient grounds to terminate an employee or refuse to hire someone; employers were safe to move forward without worrying about an individual being approved to use medical marijuana or if an employee was impaired at work.  Problems arise when federal law conflicts with state law.    Based on the U.S. Drug Enforcement Administration, marijuana is still considered a Schedule I illegal drug—even for medical purposes.

 

Many states and local jurisdictions have enacted anti-discrimination laws concerning marijuana use.  Generally, such laws prohibit employers from taking adverse action against an employee who uses marijuana in conforming with local marijuana laws, if an employee does not consume it and work and is not impaired while on the job.

CMJ Mapurrently, there are 33 states and the District of Columbia with recently approved ballot measures legalizing marijuana for medical or recreational purposes.  The state laws for medical use varies significantly and not all of them recognize marijuana-approved patients from their states.  The states with medical marijuana laws and their guidelines for usage varies widely.  Some states require patients to register, others don’t allow dispensaries, and not all of them recognize marijuana-approved patients from their states.  In addition, some states allow employers to enact employment policies that prohibit the use of marijuana; these states do not force employers to make accommodations for employee use of marijuana.

 

In terms of recreational marijuana use, employers can have policies that prohibit the drug’s use and possession while employees are at work.  In addition, employers can prohibit their employees from being impaired by marijuana at work.  In these states, employers must comply with federal and state laws and provide employees with a safe and productive workplace.  At the same time, employers must accommodate employees with disabilities that may require medical marijuana.  Under the Americans with Disabilities Act, employers are required to make a “reasonable accommodation” to employees with disabilities—especially when workers have a doctor’s note that allows them to use it.
The differences in state laws require Human Resources to be aware of the legal issues involved and the changing legal landscape to ensure drug testing policies are legal and enforceable.  The following steps can ensure that your organization maintains a safe working environment with regards to employee medical marijuana use while reducing the risk of costly legal claims:

  • Review the company’s current drug testing policies to the extent that they test for marijuana, and determine whether state law requires exceptions to testing policies as a reasonable accommodation
  • Train managers on how to handle reasonable accommodation requests by disabled employees who are certified, medical marijuana users
  • Review policies regarding illegal drugs and disabilities to ensure that each complies with your state’s current medical marijuana laws
  • Ensure that managers and human resources employees are properly trained on how to determine (and document) employee impairment when an employer suspects that drug use (legal or otherwise) is causing workplace issues

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, please call WageWatch at 888-330-9243 or contact us online.

 

 

PAY EQUITY ANALYSIS

Pay Equitu

To manage the risk of pay discrimination, organizations should conduct periodic pay equity analysis.  The goal of a pay equity study or analysis is to identify problems and ensure compensation practices are fair and equitable.  The study should look for trends that identify the disparate impact on wage rates.  Data elements to include in the analysis are hire dates, hire rates, performance rating, merit increases, age, ethnicity, gender, and promotion dates and increases.  Group the data in job classifications and departments by the hierarchy as well as grouping comparable jobs across departments.  Sort the data by the various data elements to see what emerges.  This analysis can identify wage inequities as well as explain some of the differences in pay among comparable employees.  A thorough analysis is important for managing the risk associated with pay discrimination claims.

Differences in knowledge, skill, ability, effort or responsibility provide a legitimate basis for differences in pay among employees doing the same work. However, these factors can be difficult to validate or prove, and therefore you will need to rely on the data that is readily available including:

  • Job title or grade
  • Time in current job or grade
  • Job duties including the degree of responsibility
  • Job status (Full or part-time, exempt or non-exempt, etc.)
  • The location where the employee lives and works
  • Company service time
  • Education
  • Prior experience
  • The market value of a job
  • Performance Review documenting effort in terms of quantity and quality of work

Pay equity issues can occur over time as a result of flaws in a compensation process including:

  • Insufficient training of Managers regarding performance, merit and other increases
  • Inefficient and inconsistent merit pay processes
  • Decisions being made in “silos” and without consistent checks such as HR/Compensation approval
  • Making decisions without market or internal data for guidance
  • Reactive hiring decisions relative to “hot” jobs
  • Poorly maintained salary structures that have not kept step with the market
  • Failure to reclassify jobs as changes in responsibility occur

A pay equity study will involve the input an experienced compensation analyst and/or specialist as well as HR information systems and may involve appropriate legal counsel.  Once pay inequities are discovered, HR will need to determine a timeline and the funding for the pay equity adjustments.

In 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act which increased organizations’ exposure to pay discrimination claims by overturning a rule that workers must sue for pay discrimination within 180 days after the original pay decision was made.  As a result of the Act, each paycheck now resets the clock and employees can file lawsuits for perceived discriminatory pay decisions even if the pay decision occurred years earlier.  So, it is more important than ever for employers to carefully document all pay decisions and stay on top of pay equity in their organizations.

In 20016, the Obama administration announced executive action which requires companies with 100 employees or more to report to the federal government how much they pay their employees broken down by race, gender, and ethnicity.  It is hoped that this transparency will help to root out discrimination and reduce the gender pay gap.

On March 27, 2019, the U.S. House of Representatives voted to pass the Paycheck Act, an act designed to amend and strengthen the existing federal Equal Pay Act.  The Act further provides that the “bona fide factor” justifying gender-based pay disparities would only apply where “the employer demonstrates that such factor is: 1) not based upon or derived from a sex-based differential in compensation, 2) is job-related with respect to the position in question, 3) is consistent with business necessity; and 4) accounts for the entire differential in compensation of issue.”  The Paycheck Fairness Act has been moved to the Senate for consideration and voting.

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 and that your pay practices are fair, equitable and non-discriminatory.  We can provide your business with compensation surveys and salary reports to help you establish a budget for your merit pay program, including bonuses and incentives.  Our innovative company is a leader in the collection of data for surveys and salary reports, which allows us to provide services to a wide range of industries in both the private and public sector.  To learn more about our compensation surveys, salary reports, and other services.  Please call 480-237-6130 or contact us online.

EFFECTIVE JOB DESCRIPTIONS

Job Describe

Job descriptions describe the major duties and responsibilities of a position or job and are an essential part of hiring and managing employees.  They are tools to help your applicants and employees understand their roles and accountabilities.  They can be used to establish a training checklist for new incumbents, as guideposts in the performance appraisal process, and as market benchmarks for compensation surveys.  Job descriptions are not required by law however, they can provide evidence of the essential functions of a job for purposes of complying with federal employment laws.  They can also be used for disability and worker’s compensation claims.  It’s good practice to get legal advice to ensure that your job descriptions are compliant.  Below are some of the legal requirements to keep in mind while writing your job descriptions.

  • Fair Labor Standards Act (FLSA):  Exempt or Non-exempt classification should be included in all job descriptions.
  • Occupational Safety and Health Act (OSHA) and the Americans with Disabilities Act (ADA):  Working conditions and any required physical activity should be noted in all job descriptions.
  • Equal Employment Opportunity Commission (EEOC):   Include, “we are an equal opportunity employer” in all job descriptions.
  • Age Discrimination in Employment Act (ADEA):  Job descriptions should not indicate age preference.

The first steps in writing job descriptions are the data collection and job analysis processes which begins with questionnaires and/or interviews with both the supervisors and current employee incumbents to gather and determine the key facts about the job.  You will need to collect information that will later be summarized in your job description template.  Generally, the data  will include Job Title, Immediate Supervisor, Department, Pay Grade, Working Hours, and Travel Requirements, FLSA Status, Mission/Summary, Essential and Non-Essential Tasks and Responsibilities, Supervisory Responsibility, Job Requirements (education, skills and experience required for the job), Working Conditions, Physical Demands, Equipment Usage, and Disclaimer for Management Ability to Modify.

A job description should be practical and summarize the key elements of a job in a clear, concise manner.  Be specific and avoid using subjective adverbs or adjectives such as “frequently,” “some,” “occasional,” and “several.”  It’s important to build flexibility into a job description and ensure that it is dynamic and functional.  Flexible job descriptions will allow your employees to evolve within their positions as processes, technology, and organizational changes occur.  A well-written job description will require an investment of time and effort to accurately reflect your organization and unique jobs.

The duties list should contain each essential job duty or responsibility that is critical to the successful performance of the job.   The list should be prioritized with the most important listed first down to the least significant.  Do not include tasks that comprise less than 5 percent of the overall time.  Each Essential and Non-Essential Duty should be assigned a percentage of time and all duties together should total 100 percent.  Each duty should be described in one to three sentences; the first sentence should begin with an action verb.  Generally, there are one or two non-essential duties that total five to ten percent of the total time and are duties such as “Assist in special projects as required” or “Any other task assigned by the supervisor.”   This provides flexibility to change duties over time and captures occasional and unforeseen needs that arise.

At WageWatch our experienced compensation consultants can assist with your organization’s compensation needs.  We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives.  WageWatch also offers 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 consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online .

 

EEOC PROPOSES NEW DEADLINE FOR EEO-1, COMPONENT 2-PAY DATA

EEOC

When the EEOC’s online reporting portal opened on March 18, it was still unclear whether the new reporting requirements would be included for the 2018 report and if so, when this data would be due.

As a reminder, the new reporting requirements center around submitting information about employee pay data so that trends concerning gender pay inequity can be spotted and addressed. As most employers should be aware, this has become a hot topic in employment law (gender pay equity issues) and many laws are either being proposed or passed to address this concern:  The House recently passed the Paycheck Fairness Act, numerous states have enacted equal pay and salary history laws, and the EEOC has included pay equity as a strategic enforcement priority since 2013.

What the EEOC proposed on April 3rd is that employers have until September 30, 2019, to submit employee pay data as part of their annual 2018 EEO-1 report (otherwise known as Component 2 of the EEO-1 report).  The US District Court still needs to “bless” this with a court order, but it is looking as though the dates that employers should be aware for the 2018 EEO-1 report are as follows:

The deadline for Component 1 of the EEO-1 report remains May 31, 2019.

The proposed deadline for Component 2 of the EEO-1 report is September 30, 2019 (pending court approval).

The guest editor for 4/11/19 blog:  Spognardi Baiocchi LLP, Legal Advisors; www.psb-attorneys.com.

WageWatch offers accurate, up-to-date HR metrics, 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. The PeerMark™ Wage Survey is the only Web-based custom survey tool that allows individual survey participants to select their competitive set for comparison purposes.  Our experienced compensation consultants can assist with your organization’s compensation needs.  We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives.   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.

Posted in Regulatory & Legal Updates on April 10th, 2019 · Comments Off on EEOC PROPOSES NEW DEADLINE FOR EEO-1, COMPONENT 2-PAY DATA

ASKING ABOUT SALARY HISTORY COULD SOON BE ILLEGAL

Banned-Sal Hist-B

Employers have asked salary-based questions as one method of gaining an accurate picture of an applicant’s qualifications for a position.  Federal laws do not prohibit requesting the information, however, there is a growing trend for some states or cities and counties to outlaw employers from requesting salary history.  Last February 2018, we published a blog focused on the states that have banned salary-based questions from job applicants; the trend to ban these questions has greatly increased and Congress continues to explore the ban on salary questions.  This post updates action taken over the past year.

With the objective of pushing to fight wage discrimination and the gender pay gap, a bill was recently introduced (February 2019) in Congress that would ban salary questions across ALL states.  The proposed Paycheck Fairness Act would prohibit employers nationwide from asking job applicants about their salary history and require employers to prove that pay disparities between men and women are job-related. The bill forces employers to develop salary offers based on job requirements and market pay levels rather than an applicant’s current salary or salary history, which may be lower than current market rates for some individuals’ skill and experience.  The proposed legislation would strengthen the Equal Pay Act.

The following states and cities or counties have banned salary questions by public and/or private employers:

STATE

CITY  COUNTY EFFECTIVE DATE

DETAILS

California State-Wide JAN 2018 All employers, including state and local government
Connecticut State-Wide JAN 2019 All employers
Delaware State-Wide DEC 2017 All employers, or an employer’s agent
Georgia Atlanta FEB 2019 City agencies
Hawaii State-Wide JAN 2019 All employers, employment agencies
Illinois State-Wide JAN 2019 State Agencies
Chicago APR 2018 City departments
Kentucky Louisville MAY 2018 Louisville/Jefferson County Metro Gov; City Agencies
Louisiana New Orleans JAN 2017 City agencies
Massachusetts State-Wide JUL 2018 All employers, state & municipal employers
Michigan State-Wide JAN 2019 State department & certain autonomous agencies
Missouri Kansas City JUL 2018 City may not ask applicants for pay history until they reach an agreed-upon salary
New Jersey State-Wide FEB 2018 State entities
New York State-Wide JAN 2017 State agencies and departments

New York City OCT 2017 All employers, agencies or employees or agents

Albany County DEC 2017 All employers and employment agencies

Suffolk County JUN 2019 Employers and employment agencies

Westchester County JUL 2018 Employers, labor organizations, employment agencies, or licensing agencies
Oregon State-Wide OCT 2017 All employers
Pennsylvania State-Wide SEP 2018 State agencies

Philadelphia TBD All employers

Pittsburgh JAN 2017 City’s agencies and offices
Puerto Rico Commonwealth MAR 2018 All employers

When an employer ceases to rely on salary history of an applicant, it requires making a clear, market-based case for pay, the challenge falls on the employer.  It will be important to create a salary range for each position and ensure that the variations within those ranges are based on things like merit, education, and experience.  Some companies welcome a strictly market-based approach to making salary offers as it has the ability to foster greater transparency.  Whether or not your jurisdiction is covered by the new laws, the trend is increasing and may soon impact your organization.

WageWatch offers accurate, up-to-date HR metrics, 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. The PeerMark™ Wage Survey is the only Web-based custom survey tool that allows individual survey participants to select their competitive set for comparison purposes.  Our experienced compensation consultants can assist with your organization’s compensation needs.  We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives.  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.

EMPLOYERS MUST START USING NEW “FEDERAL CONSUMER RIGHTS ACT” NOTICE

Effective September 21, 2018, the Fair Credit Reporting Act (FCRA) requires that employers that use a third-party consumer reporting agency, to conduct background checks on employee applicants, use the updated Summary of Your Rights Under the Fair Credit Reporting Act.  The new Summary of Rights Act was issued on September 12, 2018; employers were given very little time to comply with the act.

The FCRA requires that employers follow certain procedures before obtaining a background check by a third party reporting agency.  The employer must follow certain procedures if it decides not to hire the applicant (or take an adverse action against an employee) based upon a third party background check.  One of the procedures is to provide employees with their “Summary of Consumer Rights” under the FCRA along with the name, address, and phone number of the third-party agency that provided the information.  Failure to provide the correct notification can expose employers to legal risk, including class action litigation.

Employers will have to provide the new “Summary of Consumer Rights” form in any pre-adverse action notification that comes as a result of the background check.  They must also provide this notification before obtaining a background check if the report includes information stemming from personal interviews conducted by a consumer reporting agency.

The new rule requires that employers use the new “Summary of Consumer Rights.” This new model “Summary of Consumer Rights” requires that the rejected applicant be advised of their right to request that the third-party reporting agency provide the rejected applicant with a free “national security freeze.”  This freeze would restrict prospective lenders from obtaining the consumer’s credit report, thereby thwarting identify thieves.  The new model form can be found here.

Change can be challenging and demanding.  At WageWatch our compensation consultants can assist with your organization’s compensation needs and help ensure your wages and salaries are supporting your company’s business strategy and objectives.  In addition to our PeerMark Salary Survey for over 100 local lodging markets in the U.S. and Canada, we offer a National Benchmark Salary Survey. With over 9,000 hotels and 200 casinos in our database, WageWatch’s hotel and gaming salary surveys are the most comprehensive surveys available to Human Resource professionals.  For more information on our services, including consulting, salary surveys, benefit surveys, and custom compensation reports, please call WageWatch at 888-330-9243 or contact us online.

Guest Editor:  Pautsch, Spognardi & Baiocchi Legal Group LLP
www.psb-attorneys.com

DOCKING EXEMPT EMPLOYEE PAY

The application and rules for the federal FLSA salary basis test are often misunderstood and not administered accurately or consistently.

First, let’s understand what the term “salary basis” means.  An exempt employee that regularly receives a predetermined amount of base salary each workweek is paid on a “salary basis”.  This applies to employees who are determined to be exempt under the federal FLSA exemption tests including both the minimum salary test and qualifying under one of the duties tests (i.e., administrative, executive, professional, outside sales, etc.).  The minimum weekly salary that must be paid to ‘exempt’ employees under the federal rules is $455.  Please refer to your federal and state wage and hour for exceptions to the salary requirements.  In 2018 many states increased the minimum wage and, at the same time increased the minimum weekly salary of ‘exempt’ employees.  The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers, and schoolteachers are exempt even if the employees are paid hourly).

Now let’s talk about the Salary Basis Test.  An employee’s ‘exempt’ status can be jeopardized if the salary basis test rules are not followed.  The Salary Basis test provides rules regarding what pay deductions can and cannot be made to exempt employees’ weekly base salary.  Generally, the predetermined weekly salary cannot be reduced because of variations in the quality or quantity of the employee’s work.  Except for a few permissible deductions, an exempt employee must receive the full base salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.  This includes any work done remotely such as checking email and voicemail.  An employer cannot make deductions from an employee’s predetermined base salary, because of a business slowdown or lack of available work.

The FLSA salary basis test applies only to reductions in monetary amounts.  Requiring an employee to charge absences from work to leave accruals is not a reduction in “pay,” because the monetary amount of the employee’s paycheck remains the same.

Full Day deductions from pay are permissible when an exempt employee:

  • Is absent from work for one or more full days for personal reasons other than sickness or disability
  • For absences of one or more full days due to sickness or disability, if the deduction is made in accordance with a bona fide sick leave or PTO plan, policy or practice of providing compensation for salary lost due to illness
  • To offset amounts employees receive as jury or witness fees, or for military pay
  • For a partial week worked during the initial or terminal week of employment
  • For weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act,
  • Deductions in pay are also permitted for intermittent FMLA leave when the weekly base salary is reduced to coincide exactly with the reduced workweek
  • When an exempt performs no work for a full workweek.

For the following two permissible deductions, you should have communicated formal policy(s) detailing disciplinary procedures:

  • For penalties imposed in good faith for infractions of safety rules of major significance
  • For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions

It is important that as an employer, you have a clearly communicated policy permitting or prohibiting improper deductions from exempt employees’ base salary including a complaint mechanism and reimbursement to employees when improper deductions are made.  You should also have a clearly communicated policy for your exempt employees stating that under no circumstances should work be performed during unpaid time off.   The exempt status of your employees will be safe as long as you have clearly communicated policies in place, make good faith efforts to comply with the salary basis test and can show that willful violations have not been made.  For full details regarding federal FLSA, visit http://www.wagehour.dol.gov and links to your state labor department can be found at http://www.dol.gov/whd/contacts/state_of.htm.

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 also 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.

MINIMUM WAGE UPDATE – JULY 2018

The U.S. Federal minimum wage has not increased since July 2009, as such, many states, cities, or counties have decided to vote into law, their own increase in the minimum wage.  Some states have decided to gradually increase their minimum wage to $15.00/hour over the course of several years.  While the majority of increases occur at the beginning of the year, others wage increases begin mid-year, starting July 1.

An overview of the states, cities, or counties which have minimum wage increases beginning July 1, 2018 include:

  • California – Not statewide; increases in the following cities:
    • Emeryville
    • Los Angeles City
    • Los Angeles County, Unincorporated
    • Malibu
    • Milpitas
    • San Francisco
    • San Leandro
    • Santa Monica
  • Illinois – Not statewide, two local jurisdictions:
    • Chicago
    • Cook County
  • Maryland – Not statewide; one county:
    • Montgomery County
  • Minnesota – Not statewide:
    • City of Minneapolis
  • Oregon – State law change; varies by area: General, Urban, and Nonurban
  • Washington D.C.

For more detailed information click here:  MINIMUM WAGE CHART.  Review the tab for California to review specific city increases.

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 also 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.

NLRB GENERAL COUNSEL ISSUES GUIDANCE ON LEGALITY OF WORK RULES

(Article written by Charles Pautsch, Attorney at Pautsch Spognardi & Baiocchi; the  firm specializes in labor law; Charles is a guest blogger for WageWatch, Inc.)

As was expected, last week General Counsel Peter Robb issued a GC memorandum providing guidance on the legality of work rules in light of the NLRB’s decision in The Boeing Company.  The Boeing decision overturned the Obama labor board’s decision in Lutheran Heritage Village which prohibited facially neutral work rules which “could” be interpreted as interfering with Section 7 rights, as opposed to “would” be interpreted as interfering with Section 7 rights.  This new standard focusses on balancing the legitimate business justifications of the employer with the negative impact on the employee’s exercise of Section 7 rights.

The Boeing standard creates three categories of work rules.  Category 1 includes rules that are generally lawful because they cannot reasonably be interpreted to interfere with Section 7 rights, or because any potential adverse impact is outweighed by legitimate business reasons.  These rules include a) civility rules; b) no-photography/ no-recording rules; c) insubordination/on-the-job conduct rules; d) disruptive behavior rules; e) confidentiality rules regarding company/customer information; f) anti-defamation/misrepresentation rules; g) rules prohibiting the use of company logos/trademarks; h) rules requiring authorization to speak for the company; and i) rules prohibiting disloyalty, nepotism, and conflicts of interest.   Charges alleging that such rules are facially unlawful should be dismissed, absent withdrawal.

Category 2 rules are not clearly lawful or unlawful, and require case-by-case scrutiny.  Legality of the rule will depend on the factual context.  Examples of such rules include broad conflict of interest rules focused on “employer” or “employee” information, and that do  not target fraud or self-enrichment, or customer or proprietary information; rules that prohibit disparagement or criticism of the employer, as opposed to rules requiring civility or prohibiting disparagement of employees; rules regulating use of the employer’s name, as opposed to trademarks; rules prohibiting speaking to third parties or the media, as opposed to speaking on behalf of the employer; rules banning off-duty as opposed to on-duty conduct; and rules prohibiting false or inaccurate statements, as opposed to defamatory statements.  Category 3 rules are generally unlawful.  These rules require confidentiality or prohibit discussion of employee wages, terms, and conditions of employment; prohibiting joining outside or third-party organizations, or prohibit voting on matters related to the employer.

Contact PSB(414-223-5743)  if you have questions about this guidance and how it affects your current work rules, and any revisions you are contemplating in your annual review of your employee handbook; offices in Cave Creek and Phoenix.   

 

Posted in Regulatory & Legal Updates on June 13th, 2018 · Comments Off on NLRB GENERAL COUNSEL ISSUES GUIDANCE ON LEGALITY OF WORK RULES