On Sept. 24, 2019, the U.S. Department of Labor (DOL) released its final rule that boosts the salary threshold at which workers are eligible to receive overtime, making a major change to employee exemption criteria under the Fair Labor Standards Act (FLSA). Effective Jan. 1, 2020, this extends overtime protections to more than 1.3 million currently exempt workers making less than $684 per week (or $35,568 per year) and over 100,000 highly compensated employees making less than $2,066 per week (or $107,432 per year). This salary-level threshold increase could represent financial and operational challenges for employers, who now must evaluate how their employees are scheduled and paid in order to make the types of workforce decisions that will mitigate their labor costs and their exposure under the FLSA. 

Department of Labor FSLA 2020 White Paper

This in-depth white paper can help employers prepare by providing: 

• an overview of the final rule 

• potential challenges it could bring 

• steps to consider in overcoming those challenges and 

• how technology can help

Need assistance to ensure you are in compliance with this new FLSA rule? 

Contact Human Resource Partners today!

JULY 2019

Attention Maine-based Employers!

Maine to Start Banning Salary, Wage, and Compensation History Inquiries Effective September 19, 2019

Maine employers: add your employment applications and hiring policies to your summer reading lists.  Effective September 19, 2019, Maine employers are prohibited from asking an applicant (or the applicant’s current or former employers) about compensation history, unless and until an offer of employment has been “negotiated” and made to the applicant, including all terms of compensation.  After the appropriate offer of employment is made, an employer may inquire or confirm the applicant’s compensation history.  This prohibition, however, does not apply in situations where a state or federal law “specifically requires the disclosure or verification of compensation history for employment purposes.”

In addition to prohibiting salary, wage or other compensation inquiries during the pre-offer application process, the law expands existing wage transparency laws for current employees.  Currently, employers cannot prohibit an employee from discussing the employee’s own wages or asking about another employee’s wages.  Effective September 19, 2019, employers also cannot prohibit an employee from disclosing another employee’s wages.  

The consequences of unlawful compensation inquiries or impermissible limits on wage discussions are severe.  An employer’s violation may be evidence of “unlawful employment discrimination” under the Maine Human Rights Act.  An employer’s violation could also result in a fine between $100 and $500 per violation, and an obligation to pay for any other “compensatory damages” suffered by the applicant.

The law was signed by the Governor on April 12, 2019 and becomes effective on September 19, 2019.   The text of the new law can be accessed here.  Employers should review their employment applications, recruiting policies and hiring policies and seek guidance from legal counsel to ensure compliance with these upcoming changes.

Need assistance to ensure your hiring processes are in compliance? Contact Human Resource Partners today!

JUNE 2019

Attention Maine-based Employers!

Governor Mills recently signed the Earned Employee Leave Act.

This law will take effect January 2021 and will require private employers with 10 or more employees, employed for more than 120 days in a calendar year, to provide 1 hour of paid leave for every 40 hours worked, up to a maximum of 40 hours of paid leave per year.

Should you need guidance reevaluating your current leave policies to ensure compliance with the new law, Human Resource Partners stands ready to support you – contact us today!

MAY 2019

Attention Massachusetts-based Employers!

Are you required to offer the Massachusetts Paid Family & Medical Leave (PFML)? Are you ready for the upcoming 2019 deadlines?

  • June 30, 2019: Employee notice
  • July 1, 2019: Poster deadline, Employer and employee contributions to PFML begin
  • September 20, 2019: Deadline for exemption requests for companies providing a current or new PFML that exceeds the MA plan

Get employee notice template, more resources, & contact information here: Massachusetts Department of Family Medical Leave

Human Resource Partners stands ready to support you with this new requirement – contact us today!

MARCH 2019

In June 2017, OSHA implemented a new online OSHA 300 Log Recordkeeping Reporting requirement. Even if there were no recordable injuries or illnesses in 2018, you are still required to post the form with zeros on the total line. The 300A summary must remain posted February 28, 2019 until April 30, 2019.