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Legislative Updates

    EEOC says EEO-1 forms could ask for paydata

    Please click on the link below for more information. 

    HR Dive Brief

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    FLSA Update

    The U.S. Department of Labor announced today that the Office of the Federal Register has published the Department’s Notice of Proposed Rulemaking that would make more than a million more American workers eligible for overtime under the Fair Labor Standards Act (FLSA).

    The official publication in the Federal Register marks the start of the proposal’s public comment period, which will remain open for 60 days and close on May 21, 2019.

    More information about the proposed rule is available at www.dol.gov/whd/overtime2019. The Department encourages any interested members of the public to submit comments about the proposed rule electronically at www.regulations.gov, in the rulemaking docket RIN 1235-AA20. Comments must be received by May 21, 2019 to be considered.

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    Designating FMLA

    Click on the link to see the opinion letter issued by the DOL: DOL Opinion Letter

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    EEO Reporting

    For those of you that must file an Form EEO-1, note that due to the partial government shutdown, the opening of the EEO-1 survey webpage (where you file the survey) was postponed until March 18, 2019. For 2019, the deadline to submit EEO-1 data was extended to May 31, 2019. Visit the EEO-1 website for updates. The EEO-1 information website is: https://www.eeoc.gov/employers/eeo1survey/index.cfm

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    MAR 4: Form 1095 Due to Employees

    The IRS has extended the deadline for employers to distribute 2018 Forms 1095-C or 1095-B to employees. The deadlines for paper and electronic filing with the IRS have not been extended.

     

    OSHA 300

    Employers must post OSHA 300 form by February 1

    NYS Minimum Wage effective 12/31/2018

    The Minimum Wage rates are scheduled to increase each year on 12/31 until they reach $15.00 per hour. Employers must post a Minimum Wage Information poster in their establishment.

    General Minimum Wage Rate Schedule
    Location 12/31/16 12/31/17 12/31/18 12/31/19 12/31/20 2021*
    NYC - Large Employers (of 11 or more) $11.00 $13.00 $15.00      
    NYC - Small Employers (10 or less) $10.50 $12.00 $13.50 $15.00    
    Long Island & Westchester $10.00 $11.00 $12.00 $13.00 $14.00 $15.00
    Remainder of New York State $9.70 $10.40 $11.10 $11.80 $12.50 *

    * Annual increases for the rest of the state will continue until the rate reaches $15 minimum wage (and $10 tipped wage). Starting 2021, the annual increases will be published by the Commissioner of Labor on or before October 1. They will be based on percentage increases determined by the Director of the Division of Budget, based on economic indices, including the Consumer Price Index.

    Salary Threshold for Exempt New Weekly Rate

    • $832.00 per week ($43,264  annually) on and after 12/31/18
    • $885.00 per week ($46,020 annually) on and after 12/31/19
    • $937.50 per week ($48,750 annually) on and after 12/31/20