On September 24, 2019, the U.S. Department of Labor (DOL) unveiled the final version of its new overtime salary basis rule. The new rule increases the minimum salary threshold for salary-based overtime exemptions from $455 per week (or $23,600 annually) to $684 per week (or $35,568 annually). In addition to increasing the salary basis for administrative, executive and professional employees, the new rule allows employers to use nondiscretionary bonuses and incentive payments (such as commissions) to satisfy up to 10 percent of the salary basis level,… More
On September 9, 2019, the National Labor Relations Board (“NLRB”) clarified its standard for reviewing the appropriateness of small bargaining units within larger workforces, sometimes referred to as “micro units.” The ruling gives employers guidance on how the NLRB will apply the so-called “community of interest” standard in such cases and gives the NLRB significant leeway to reject such units.
The NLRB’s decision concerned a bargaining unit at a Boeing Co.… More
As we reported in previous alerts (April 26, 2019 and May 9, 2019), all employers with 100 or more employees must submit employee pay data for 2017 and 2018 to the U.S. Equal Employment Opportunity Commission (EEOC) on an updated Employer Information Report Form (EEO-1) by September 30, 2019. However, this may end up being a one-time requirement. On September 12, 2019, the EEOC announced that it will not be requiring EEO-1 filers to submit pay data for 2019,… More
New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement
On September 10, 2019, in MV Transportation, Inc., Case No. 28-CA-173726, the National Labor Relations Board adopted a new “unilateral change” rule. The new rule permits employers to make unilateral changes in the workplace during the term of a collective bargaining agreement, without first bargaining with the union representing its employees,… More
Department Clarifies that Law Will Not Apply to Properly Classified Independent Contractors
On September 5, 2019, the Massachusetts Department of Paid Family and Medical Leave issued new guidance on when workers who receive 1099-MISC forms will be included in a business’s workforce count under the Paid Family and Medical Leave Act (PFMLA). Prior guidance suggested that all individual 1099-MISC workers in Massachusetts that provided service to a company would be counted.… More
Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question under federal labor law, ruling that the misclassification of employees as independent contractors is not a violation of the National Labor Relations Act (NLRA). As such, the decision to classify a worker as an independent contractor rather than an employee will not, by itself, subject an employer to liability under the NLRA.… More
The past few days saw two major updates to the Massachusetts Paid Family and Medical Leave Act (PFMLA) of which employers should be aware: a three-month extension of various deadlines for employer compliance and the issuance of final regulations under the Act Department of Family and Medical Leave (the “Department”).
On June 13, 2019, the Internal Revenue Service (IRS), Department of Labor and Department of Health and Human Services (HHS) issued a new regulation that is intended to increase the use of tax-favored health reimbursement arrangements (HRAs) as a means of expanding access to health insurance in the individual insurance market. One likely effect of the new regulation, which will take effect on January 1, 2020, is to make it more likely that small employers will be able to offer greater health insurance options to their employees.… More
On June 11, 2019, Massachusetts Governor Charlie Baker, Senate President Karen Spilka, and House Speaker Robert DeLeo announced that they agreed to delay the required contributions to the Massachusetts Paid Family and Medical Leave (PFML) program by three months. This agreement will not be official until the Legislature passes and the Governor signs an emergency bill putting it on the books. If passed, the bill will extend the date when employers need to begin collecting payroll deductions and contributions from July 1,… More
On June 3, 2019, the United States Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their claims before the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state agency (e.g., Massachusetts Commission Against Discrimination). The Court’s ruling, however, made clear that employers can continue to protect themselves against new claims,… More