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Minimum Wage Hike Proposed: How Likely Is A Bump In Pay?

Fisher Phillips • January 20, 2019
Some lawmakers have plans to raise the federal Fair Labor Standards Act's minimum wage from $7.25 to $8.55 later this year, then step it up to $15.00 per hour by 2024, and subsequently increase it annually in relation to statistical data from the Bureau of Labor Statistics. If this sounds familiar, it should, but we expect some more traction this time around.

It’s Official: OIRA Has Received Proposed Part 541 Overtime Regulations

Ogletree Deakins • January 20, 2019
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) officially sent its notice of proposed rulemaking (NPRM) to revise the Part 541 regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for review. The OIRA website states that it received the Part 541 NPRM on January 16, 2019, and that the proposal is “economically significant.” At this juncture, it is not known what the Part 541 NPRM contains or how long OIRA will take to review the proposed rule before it can be returned to the DOL for publication in the Federal Register.

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips • January 20, 2019
In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted activity. The January 11 decision (Alstate Maintenance, LLC) reverses a 2011 Obama-era decision that was widely derided as tilting the playing field too far in favor of employees. Under that precedent, essentially any employee complaint made to management in the presence of coworkers was sufficient to qualify as protected concerted activity under the National Labor Relations Act (NLRA). Under Alstate Maintenance, however, the NLRB has returned to the more stringent standard whereby only those complaints that seek to initiate group action, or that involve truly “group” complaints, will be considered protected concerted activity.

New York Passes Bill Prohibiting Discrimination Based on Gender Identity or Expression

XpertHR • January 20, 2019
New York's legislature has passed a bill that would prohibit discrimination based on gender identity or expression and also categorize criminal offenses involving gender identity or expression as hate crimes subject to enhanced penalties.

Michigan Governor Furthers LGBT Protections in State Contracts and Bans State Agencies From Asking for Salary History

Ogletree Deakins • January 20, 2019
Hitting the ground running, Michigan’s new governor, Gretchen Whitmer, has imposed new requirements in the employment arena—but only for executive branch state employees and some contractors and grant and loan recipients. This could be a sign of things to come for employers everywhere in Michigan, or at least a sign of building momentum within the state government.

Time to Reset Your Anti-Harassment Training Schedule for Supervisory Employees in California

Littler Mendelson, P.C. • January 17, 2019
As California employers lay out their plans for compliance training in the coming year, the California Department of Fair Employment and Housing (DFEH) has clarified how to handle training supervisory employees who may have received AB 1825-compliant training sometime in 2018. The DFEH has taken the position that both supervisory and nonsupervisory employees who received sexual harassment prevention training in 2018 should receive it again in 2019.
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