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The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption … Continued
Electronic Submission of Injury and Illness Records to OSHA for Tracking The federal Occupational Safety and Health Administration (OSHA) announced that establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20–249 employees that are classified in certain industries with historically high rates of occupational injuries and … Continued
DOL Releases Assistance for Enforcement of Tip Credit Rules under FLSA On April 6, 2018, the U.S. Department of Labor released a field assistance bulletin (FAB No. 2018-3) providing guidance concerning the Wage and Hour Division’s (WHD) enforcement of tip credit rules under the Fair Labor Standards Act (FLSA) after Congress amended the FLSA in … Continued
Question: What is the best way to get ethnicity and race information for each employee for the EEO-1 report? Answer: Self-identification is the preferred method for gathering the required information for the EEO-1 report. As an employer, you are required to ask employees to self-identify if they wish; however, employees are not required to self-identify. If … Continued
Question: We are a staffing firm with employees in multiple locations. Do we need to submit an EEO-1 report for each location? Answer: It depends. A company with only one physical address (single-establishment) is only required to submit one EEO-1 data report. Companies with more than one physical address (multi-establishments) are required to submit a separate … Continued
IRS Releases Publication 15 and W-4 Withholding Guidance for 2018 On January 31, 2018, the federal Internal Revenue Service (IRS) released Publication 15 — Introductory Material, which includes the following: 2018 federal income tax withholding tables. Exempt Form W-4. New information on: Withholding allowance. Withholding on supplemental wages. Backup withholding. Moving expense reimbursement. Social Security … Continued
Revised EEO-1 “Component 2” Stayed Effective Immediately On August 29, 2017, the Office of Management and Budget (OMB) notified the Equal Employment Opportunity Commission (EEOC) that it is initiating a review and immediate stay of the new EEO-1 pay reporting requirements (Component 2) that were scheduled to take effect with the next filing cycle in … Continued
On August 22, 2017, in AARP v EEOC, a federal court found that regulations allowing employers to offer large incentives under workplace wellness programs were arbitrary. The court did not vacate (nullify) the rules due to concerns about disrupting employers’ existing programs. Instead the court has ordered the responsible agency, the Equal Employment Opportunity Commission … Continued
