DOL has published a new rule that provides the protections (e.g. minimum wage and overtime pay) of the FLSA to home care workers such as home health aides, certified nursing assistants, and personal care aides. DOL accomplished this by redefining and narrowing the “companionship” FLSA exemption to largely exclude these types of employees and by only allowing the “live-in” exemption to be claimed by the individual or household and not by third party employer, such as home care agencies. An informative set of FAQs from DOL on this issue can be found here: http://www.dol.gov/whd/homecare/faq.htm
October 25, 2013
June 7, 2010
The Nevada minimum wage increases on July 1, 2010. An employee who is offered health insurance must receive at least $7.25, while those who aren’t are entitled to a minimum of $8.25/hour.
A new Illinois law, the Small Business Job Creation Tax Act, is intended to create 20,000 new jobs by providing tax credits for small businesses.
In another action to combat employee misclassification, Nebraska has a new law that imposes penalties on construction and transportation contractors who misclassify employees as independent contractors.
August 3, 2009
Remember the Minimum Wage Increase. Don’t forget that the 2007 amendments to the Fair Labor Standards Act require that the federal minimum wage must be increased from $6.55/hour to $7.25/hour on Friday, July 24. Your state law may require an even greater rate.
July 17, 2009
The federal minimum wage will increase from $6.55 per hour to $7.25 per hour on July 24, 2009—the third of three scheduled increases to the federal minimum wage.
A vast majority of states have their own minimum wage law. While several states have minimum wages above the new federal rate of $7.25, many don’t, including some states that have scheduled increases that are identical to the federal increase.
All told, employers in most states will be required to pay a higher minimum wage beginning July 24, whether the result of federal or state law.
Employers in the following 30 states will generally see the minimum wage they are required to pay increase to $7.25 per hour on July 24, 2009:
Alabama, Alaska, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maryland, Minnesota, Mississippi, Missouri , Montana, Nebraska, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia
April 24, 2009
It’s not all bad employment news this week. Nor is it bad news for workers who have a grievance against their employer and plan to file a wage related complaint. The Department of Labor’s Wage and Hour Division is hiring . . . in fact they will be adding 250 investigators, a staff increase of more than a third, announced U.S. Secretary of Labor, Hilda L. Solis.
Solis made the announcement after the release of a Governmental Accountability Office (GAO) report that found the department’s system for receiving and responding to wage and hour complaints is ineffective and discourages wage-theft complaints.
Of the 250 new investigators, 100 will focus on contractor compliance under the American Recovery and Reinvestment Act, the economic stimulus package.
November 19, 2008
Continuation of post introducing various HR issues being addressed in Washington DC and providing additional information on each topic.
Washington is much more union-friendly now that it was before the 2008 elections. Watch for Congress to pass laws allowing employees to unionize by signing cards (rather than by a secret ballot vote). Democrats will now also gain control of the National Labor Relations Board, which governs the area of business-union relations. Congress also seems more likely to raise the minimum wage again, perhaps to as high as $10/hour. Congress also may again explore “living wage” legislation, which could result in even higher minimum wage standards.