On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns for the 76,418 charges of workplace discrimination the agency received in fiscal year 2018. The comprehensive enforcement and litigation statistics for FY 2018, which ended September 30, 2018, are posted on the agency’s website, which also includes detailed breakdown of charges by…

Question: What should employers do to prepare for the anticipated January 1, 2020, effective date of new DOL’s white collar exemptions? Answer: On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule to update and revise Fair Labor Standards Act (FLSA) white collar exemptions by raising the salary level for an exemption from…

Question: What determines if an employee falls within one of the FLSA white collar exemptions? Answer: Under the Fair Labor Standards Act (FLSA), to qualify for exemption, a white collar employee generally must: Be salaried, meaning that he or she is paid a predetermined and fixed salary that is not subject to reduction because of…

EEOC Releases Fiscal Year 2018 Enforcement and Litigation Data On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns for the 76,418 charges of workplace discrimination the agency received in fiscal year 2018. The comprehensive enforcement and litigation statistics for FY 2018, which ended September 30, 2018, are posted on the…

Minimum Wage Act On April 10, 2019, Arkansas Governor Asa Hutchinson signed legislation (H.B. 1751) amending the Arkansas Minimum Wage Act as follows: Repealing Ark. Code Ann. § 11-4-204, law most favorable to employees applicable. Amending Ark. Code Ann. § 11-4-213, allowance for furnishing board, lodging, apparel, etc. as follows: Certain employers are entitled to…

Updated DFEH Form and Poster In March 2019, the California Department of Fair Employment and Housing (DFEH) released the following updated form and poster: Certification of Health Care Provider Form for California Family Rights Act (CFRA) or Family and Medical Leave Act (FMLA). Family Care and Medical Leave and Pregnancy Disability Leave poster. This is…

Workers’ Compensation Poster In February 2019, the Florida Division of Workers’ Compensation updated its all-in-one “Broken Arm” (or “Workers’ Comp Works for You”) poster. Employers must conspicuously post and maintain this workers’ compensation notice of compliance in and about the workplace. See the poster

Wage Claims On March 18, 2019, Idaho Governor Brad Little signed legislation (H.B. 113) extending the time in which a claim for unpaid wages could be made to the Idaho Department of Labor, or in District Court, from the current six-month limitation to 12 months. Workers who have been paid, but not paid in full,…

Pregnancy Related Discrimination On April 9, 2019, Kentucky Governor Matt Bevin signed legislation (S.B. 18) amending the state’s Civil Rights Act as follows: The definition of covered employer includes, except for purposes of determining accommodations for an employee’s own limitations related to her pregnancy, childbirth or related medical conditions, a person who has 15 or…

PFML Draft Regulations for Public Comment On March 29, 2019, the Massachusetts Department of Family and Medical Leave published updated, proposed regulations for the state’s Paid Family and Medical Leave (PFML) law for review and public comment. The department expects to release the final regulations ahead of the state’s July 1, 2019 deadline. The PFML…