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Legislative Updates

     

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    Sonderling

    FOR IMMEDIATE RELEASE
    Sept. 30, 2020
    Contact: newsroom@eeoc.gov or 202-663-4191

    KEITH E. SONDERLING SWORN IN AS
    EEOC COMMISSIONER AND VICE CHAIR

    WASHINGTON – Keith E. Sonderling was sworn in today as Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced this morning.  Sonderling was nominated by President Trump on July 17, 2019, re-nominated on March 16, 2020, and was confirmed on September 22, 2020 by a Senate vote of 52-41 to serve as Commissioner, for a term expiring July 1, 2024. Sonderling was also designated by President Trump to serve as Vice Chair of the Commission.

    Sonderling joins Chair Janet Dhillon and Commissioners Charlotte A. Burrows and Victoria A. Lipnic on the presidentially appointed bipartisan Commission. One vacancy remains on the Commission.

    "I am pleased to welcome Mr. Sonderling to this vitally important agency," said EEOC Chair Janet Dhillon.  "His vast experience with labor and employment issues, including his most recent accomplishments with the U.S. Department of Labor promise an ideally suited and valuable asset to the EEOC. I look forward to working with Keith, and my other colleagues on the Commission, to continue to promote equal opportunity for all."

    Prior to his appointment to the EEOC, Sonderling served as the Deputy Administrator of the Wage and Hour Division of the U.S. Department of Labor. He previously served as the Acting Administrator. The Wage and Hour Division administers and enforces Federal labor laws including the Fair Labor Standards Act, the Family Medical Leave Act, and the labor provisions of the Immigration and Nationality Act.  Prior to joining the administration in 2017, he practiced labor and employment law at the Florida-based Gunster Law Firm. He received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.

    "I am humbled and honored to serve as a Commissioner of the EEOC, and to be entrusted with a position where I can continue to work to prevent and remedy workplace discrimination and to advance the rights of the American workforce. I arrive eager to draw on my valuable experience with the Department of Labor to laser-focus on furthering the EEOC’s mission,” Sonderling said.  

    The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting emp­loyment discrimination. More information is available at www.eeoc.gov.  Stay connected with the latest EEOC news by subscribing to our email updates.  

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    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