New Union Notice Required under Executive Order 13496

February 10th, 2009 Posted by Amelia

An executive order requires federal to post notices informing employees of their right to form and collectively bargain. This requirement must be included in every along with language giving the government the right to terminate/suspend the contract or even debar the contractor for noncompliance.       

 

Under Executive Order 13496, every is required to a notice informing employees of their rights to form unions and collectively bargain. This executive order overturns an order signed by President George W. Bush early during his administration.

 

Under the Executive Order signed by President Barack Obama on Friday, January 30, 2009, this requirement must be included in every federal contract along with language giving the government the right to terminate or suspend the contract if the employer does not comply.

 

In fact, employers who fail to post the required notice can be debarred for noncompliance.

 

The Executive Order signed by President Obama focuses specifically on (more…)

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Federal Fixed Workweek Regulations

January 30th, 2009 Posted by Amelia

The U.S. Department of Labor or DOL announced on January 15, 2009 that Sandia Corp. has agreed to pay more than $2 million in back wages for unpaid .

 

In an interesting wrinkle, the Albuquerque employer apparently tried to avoid overtime payments for non-exempt employees by setting no week.

 

Under the or Fair Labor Standards Act, employers must pay an employee overtime when the employee works more than 40 hours in the payroll week.

 

Information on the FLSA requirements for overtime are included on the federal minimum wage poster that every employer must prominently display in the workplace.

 

By not having a fixed payroll week, Sandia averaged the employees’ hours over two or more weeks. Under the FLSA, an employer can establish any fixed payroll week that the employer likes. The payroll week can run from Sunday to Saturday, or from Monday to Sunday, or from Thursday to Wednesday. Under some circumstances, an employer can change the payroll week, as long as employees are given advance notice.

 

However, the employee’s must be a fixed and regularly recurring period of 168 hours, (more…)

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New Cafeteria Plan Rule

January 16th, 2009 Posted by Amelia

According to inside sources at the U.S. Department of Treasury, regulations regarding plans are likely to be published within the next 30 to 60 days.

 

These regulations would be in addition to the regulations already published in the Federal Register. These regulations collect many of the principles and rules that the IRS or Internal Revenue Service has issued formally or informally over the past 20 years.

 

One aspect of the new regulations will not be finalized until President Barack Obama takes office. That is the controversial non-discrimination clause in the regulations. As soon as more information is available on that , it will be published here.

 

One change in the new cafeteria benefits will allow employers to add COBRA benefits to the options available. This benefit is typically used by employees who become old enough for Medicare. The employee often uses cafeteria funds to pay for premiums, (more…)

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New E-Verify Deadline

January 15th, 2009 Posted by Amelia

have been given a few more weeks to purchase required supplies and comply with the new E-Verify regulations.

 

The U.S. Department of Justice recently announced that the deadline has been moved back from January 15, 2009 to 20, 2009.

 

This temporary postponement was made to accommodate employers after several business groups, including SHRM, the Society of Human Resource Management and the U.S. Chamber of Commerce objected to the new regulations.

 

Indications are that the Department of Justice will be strictly enforcing the new regulations, so employers would be wise to have all supplies on hand and implement E- prior to the deadline. This will permit employers to work out any problems with their program, ahead of the deadline. 

 

The new E-Verify regulations implement an issued by President George W. Bush in June 2008. Under the new regulations, federal contractors must use an electronic system such as to ascertain that new employees working on federal contracts are legally permitted to work in the U.S.

 

E-verify is a joint venture between the Department of and the Social Security Administration to confirm the legal work status of new employees. The program is free for any employer to use.

 

One of the more controversial portions of the rule would require federal contractors to ascertain the legal work and immigration status of existing employees, working on some sensitive federal projects.

 

The new regulations require that the government cannot enter into a contract with a company that refuses to check the employees legal work status with E-Verify. However, the rule is not retroactive – it applies only to contracts signed after the new effective date of February 20, 2009.

 

The new E-Verify regulation, or a similar version, will probably prevail although it has been challenged in court by SHRM. “SHRM supports the use of an electronic verification system but E-Verify is far from ready to be mandated on all employers,” said attorney Nancy Hammer. She is the Manager of Regulatory and Judicial Affairs for SHRM. “We are pleased with the Justice Department’s decision to delay the effective date. We want to avoid the problems and confusion that will result if the rules go into effect before the court has a chance to evaluate their legality.”

 

Both parties must file final motions and briefs on the case in the U.S. District Court in Maryland by February 11, 2009.

 

Meanwhile, employers can get a jump on this deadline, by implementing E-Verify now. A number of states already require that every employer use E-Verify, while others only recommend it.

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More 2009 Minimum Wage Changes

December 29th, 2008 Posted by Derrick

Employers have already been warned that the will increase with the new year in Oregon, , Florida, New Mexico, , Colorado, , Missouri, Montana, and Connecticut.

 

However, employers in other states also have to contend with minimum wage increases this year.

 

Even if an employer has no minimum wage employees, each increase means the employer must update his or her minimum wage posters. By law, employers are required to display a variety of labor law posters prominently in the workplace. Failure to do so can result in fines, penalties and citations.

 

On July 1, 2009 the Illinois minimum wage will increase by 50 cents, from $7.50 to $8.00 per hour. This is the final step in a 3-tiered increase introduced by the now-infamous (more…)

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