HR Compliance Updates

Compliance Update!

Is the Pay Data Collection Out for 2020?

September 11, 2019

Citing the high burden on employers and the unproven usefulness of the program, the Equal Employment Opportunity Commission (EEOC) announced today that it will halt further collection of pay data during future EEO-1 reporting cycles. While you still need to turn over compensation information from both 2017 and 2018 when you submit your Component 2 pay data as part of your EEO-1 submission by September 30, today’s announcement may mean this will be a one-time effort that may not need to be repeated in 2020. What do you need to know about today’s news?
The EEOC announcement seeks to wrest back power from the court and put a halt to any future efforts. EEOC Chair Janet Dhillon released a 9-page report on behalf of the Board in the Federal Register today, scheduled for publication on September 12, reestablishing the agency’s authority when it comes to pay data.
What Does This Mean for Employers?
You still must submit the 2017 and 2018 pay date required by the Pay Data Component 2 Requirement. By conducting your own audit of pay practices, you will be able to determine whether any pay gaps exist that might catch the eye of the federal government if or when you are forced to turn over this information. You may have time to determine whether any disparities that may exist can be justified by legitimate and non-discriminatory explanations, or whether you will need to take corrective action to address troublesome pay gaps.
Next Step Recommendation
Be proactive before federal and state regulations mandate the data. Many states have aggressively launched pay data requirements so Pay Data Reporting is not totally off the radar.
For more information about the impact of Workplace Compliance Regulations, please subscribe to my website at www.hrcompliance.biz and receive updated compliance alerts & monthly Newsletter, webinar notices, and information on compliance resources!

 

New I-9 Form Scheduled to Be Changed After the Expiration

August 31, 2019

In June 2019 USCIS issued another comment period by the Federal Register to solicit feedback on the Form I-9 However, many Employers and HR Professionals were unaware of the feedback or the 60-day response deadline which has come and gone in July 2019!
Most changes proposed are changes to administrative explanations to clarify certain confusion. In response to the Form I-9 notice (and opportunity for feedback), What emerged were five broad areas where the USCIS can make a significant improvement to the employment eligibility verification process. These include:
• Remote I-9 processing
• The Use of N/A
• Section 1 information clarity
• Refining the Lists of Acceptable Documents
• Harmonizing I-9 and E-Verify rules and
• Overall simplification
Many Immigration and Employee Labor forms responded to the comments for changes but there were only 21 responses. As a result, there were several proposed changes which will go in effect soon!
For more information about the impact of Workplace Compliance Regulations, please subscribe to my website at www.hrcompliance.biz and receive updated compliance alerts & monthly Newsletter, webinar notices, and information on compliance resources!

FMLA-New Proposed Forms Changes

August 23, 2019

On August 5, 2019, the U.S. Department of Labor announced a 60-day public comment period on proposed revisions to WHD’s optional-use FMLA forms. The goal in revising the forms is to increase compliance with the FMLA, improve customer service, and reduce the burden on the public by making the forms easier to understand and use.
WHD drafted revisions with input from the public and is seeking comment on the proposed changes, which include:

  • Fewer questions requiring written responses; replaced by statements that can be verified by simply checking a box
  • Reorganization of medical certification forms to more quickly determine if a medical condition is a serious health condition as defined by the FMLA
  • Clarifications to reduce the demand on health care providers for follow-up information
  • More information on the notification forms to better communicate specific information about leave conditions to employees

Comments must be submitted by October 4, 2019 WHDPRAComments@dol.gov . Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for Office of Management and Budget (OMB) approval of the information collection request.
You may access the current DOL FMLA forms at www.dol.gov/whd/fmla/forms
For more information about the impact of Workplace Compliance Regulations, please subscribe to my website at www.hrcompliance.biz and receive updated compliance alerts & monthly Newsletter, webinar notices, and information on compliance resources!

It’s OT compliance time:
DOL unveils new proposed overtime rules!

July 2019

After two years of speculation, false starts and hand-wringing, the U.S. Department of Labor finally published its much-anticipated overhaul of the nation’s overtime rules. Released last night, these proposed rules are meant to replace the Obama-era rules that never went into effect.

The big news: The DOL wants to raise the minimum overtime salary threshold by 50% from the current $23,660. That means exempt administrative, executive and professional employees will be eligible for overtime pay as long as they don’t earn more than $35,308 per year ($679 per week).

White-collar employees who earn that amount or less will be eligible for overtime pay when they work more than 40 hours in a workweek.

The new threshold is slated to go into effect Jan. 1, 2020.
The change will likely mean that at least one million additional white-collar employees will suddenly qualify for overtime pay. The changes don’t require congressional approval. More Details to Come……..