On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a proposed rule to amend current requirements employees in white collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA). The proposed rule was published in the Federal Register on Sept. 8, 2023. The general public must…
On Aug. 8, 2023, the U.S. Department of Labor (DOL) announced a final rule that updates how wages for construction workers are calculated under the Davis-Bacon Act (DBA) and Related Acts (DBRA). The final rule will be effective 60 days after its publication in the Federal Register. Background Under the DBA, employers must pay locally…
On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the COVID-19 flexibilities for the Employment Eligibility Verification form (Form I-9) will expire on July 31, 2023. The announcement also clarifies that employers will have until Aug. 30, 2023 to complete all required physical inspections…
On April 12, 2023, Virginia adopted House Bill 1924 (HB 1924) to withdraw the labor law provision that allowed employers to pay wages below the minimum wage rate to workers with disabilities. HB 1924 becomes effective on July 1, 2030. Minimum Wage Requirements The Virginia Minimum Wage Act (VMWA) requires employers in the state to…
On Feb. 22, 2023, the U.S. Supreme Court held in Helix Energy Solutions Group Inc. v. Hewitt (Helix) that employees must be compensated on a salary basis to qualify for the highly compensated employee overtime exemption under the Fair Labor Standards Act (FLSA). FLSA Overtime Exemptions To qualify for an overtime exemption under the FLSA,…
The current federal minimum wage rate is $7.25 per hour. However, several states have adopted minimum wage rates higher than the federal rate. When both the state rate and the federal rate apply, employers must pay their employees the higher rate. The following states have announced new minimum wage rates for 2023: Alaska Arizona California…
Despite employers’ best efforts, complying with Employment Eligibility Verification form (Form I-9) requirements can be difficult, and organizations spend a great deal of time and resources trying to comply with Form I-9 requirements. Even small errors can subject employers to expensive violations that can result in fines and penalties. In recent years, the federal government…
On October 11th, 2022, the U.S. Department of Homeland Security (DHS) announced it is extending updated flexibilities for Form I-9 due to the continued safety precautions related to COVID-19 until July 31st, 2023. Background Federal law requires every employer that recruits, refers for a fee, or hires an individual for employment in the United States…
The DOL final overtime rule became effective Jan. 1, 2020. Among other things, the final rule also allows employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of the salary level if these payments are made at least on an annual basis. To enable compliance with the nondiscretionary bonus…
President Trump issued an executive order on August 8, 2020 allowing employers to defer employee’s social security taxes for certain employees for the period beginning September 1, 2020 through December 31, 2020. The Department of Treasury and the Internal Revenue Service issued Notice 2020-65 providing additional guidance on August 28, 2020. The executive order defers…
