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OFCCP May Soon Allow for Expedited Resolution of Contractor Violations

January 6, 2020

On December 30, 2019, the Office of Federal Contract Compliance (OFCCP) issued a Notice of Proposed Rulemaking that aims to clarify the process for its two formal notices – the Predetermination Notice (PDN) and Notice of Violation (NOV). In addition, the new regulations will allow contractors in violation to enter into a conciliation agreement prior to a PDN or NOV being issued. The new procedure will be called the Expedited Conciliation Option (ECO). Why an…

Minnesota Wage & Hour

Happy New Year! Minneapolis Wage Theft Prevention Ordinance In Effect

By Corie J. Anderson

January 3, 2020

As I have blogged about previously, the City of Minneapolis’ Wage Theft Prevention Ordinance went into effect January 1, 2020. While Minneapolis adopted some of the State of Minnesota’s Wage Theft Act, it also added additional requirements, summarized below compliments of the City of Minneapolis: Under the ordinance, employers must: Provide employees with written pre-hire notices of certain employment terms. It must be signed by employees. (Download at minneapolismn.gov/laborenforcement.) (This example may be…

Minnesota Wage & Hour

Minimum Wage Increases: Don’t Forget to Change Payroll Settings for Minimum Wage for Travel Time and Other Activities!

By Corie J. Anderson

January 3, 2020

I greatly suspect that everyone reading my blog is aware by now that Minnesota’s minimum wage increased January 1, 2020 ($10 for large employers; $8.15 small employers). However, for those employers who use minimum wage for certain activities (i.e. travel time) – be sure to change that rate in your payroll system as well! Also, if you have a minimum wage guarantee for salespersons, same concept – be sure you have updated those records as…

Minnesota Wage & Hour

DOL Final Rule Updates FLSA to Clarify Perks and Benefits for Regular Rate / Overtime Calculation

By Corie J. Anderson

December 17, 2019

On December 16, 2019, the U.S. Department of Labor published a Final Rule clarifying whether certain benefits and other payments must be included in the “regular rate” for purposes of overtime pay. I’ve posted about this numerous times (one recently). Recall, a “discretionary bonus” must truly be discretionary in order for an employer to not have to include that pay as a part of the employee’s regular rate (which the increases amount due for…

Minnesota Wage & Hour

Minnesota DLI Certifies Prevailing Wage Rates for Dec 16, 2019

By Corie J. Anderson

December 17, 2019

On December 16, 2019, the Minnesota Department of Labor & Industry certified the prevailing wage rates for all 87 Minnesota counties. These rates are effective December 16, 2019 and can be found here. Non-union contractors should be reminded that these rates are set by the responses received to the annual voluntary survey sent out by MNDOLI. If you don’t respond, your wage rates will not be included and thus what is “prevailing” may be…

Minnesota Wage & Hour

If ICE Comes, Are You Ready?

By Corie J. Anderson

December 11, 2019

And I’m not talking Minnesota ice! 2019 was unquestionably a busy year for the Department of Homeland Security Immigration and Customs Enforcement (“ICE”). No doubt you heard on the news about one of Homeland Security Investigations’ workplace warrants over the past year. Less newsworthy, the I-9 audits spiked as well, with no signs of slowing down. For example, in FY2017, there were 1,360 I-9 audits, in FY2018, there were 5,981 – a 340% increase. What…

Minnesota Wage & Hour

Reminder – Time to Reclassify Exempt Employees Making Less than $684/wk ($35,568)

By Corie J. Anderson

December 10, 2019

Employers with exempt (salaried) employees – do not forget that the Fair Labor Standards Act’s (FLSA) salary threshold increases January 1, 2020 to $684 per week ($35,568). This means, that if you have a salaried exempt employee making LESS than $684 per week, effective January 1, 2020, they will need to be reclassified as non-exempt and will be eligible for overtime pay. If you need more details about the revised so-called white collar regulations, you…

Minnesota Wage & Hour

Minneapolis Releases Wage Theft Prevention Ordinance Example Notice and Required Poster

By Corie J. Anderson

December 3, 2019

Employers with employees working 80 hours a year within Minneapolis should remember that the Minneapolis Wage Theft Prevention Ordinance goes into effect JANUARY 1, 2020. If you want more details about the ordinance and how it is different than the Minnesota Wage Theft Prevention Act, you can read my previous blog here. In short, there are additional notice requirements and sick and safe time accrual and use balances must be put on the employee’s…

Minnesota Wage & Hour

It’s Beginning to Look a Lot Like [Bonus Time] Everywhere You Go…

By Corie J. Anderson

December 3, 2019

It’s that time of year where employers and employees alike get into the holiday spirit. Being the wage and hour blog that it is, I thought about sharing a few general holiday reminders (keep in mind I’m keeping this super simple just to toggle your brain): Hourly employees who are provided a non-discretionary bonus must have that bonus layered back over their wages for the applicable period and included into the regular rate for overtime…

Minnesota Wage & Hour

OFCCP Issues New Construction Technical Assistance Guide

By Corie J. Anderson

November 26, 2019

The U.S. Department of Labor (DOL) certainly seems to mean well with it’s latest roll out. On November 13, 2019, it announced the issuance of the Office of Federal Contract Compliance Programs’ (OFCCP) Technical Assistance Guide – Construction Contractors. In its news release, the DOL noted this guide is meant as a “self-assessment tool” for federal project construction contractors to review their practices to “eliminate discrimination and achieve their equal employment opportunity goals”. Specifically,…

Minnesota Wage & Hour

Empowering Employers & HR Professionals

Blog Authors

OFCCP May Soon Allow for Expedited Resolution of Contractor Violations

Happy New Year! Minneapolis Wage Theft Prevention Ordinance In Effect

Minimum Wage Increases: Don’t Forget to Change Payroll Settings for Minimum Wage for Travel Time and Other Activities!

DOL Final Rule Updates FLSA to Clarify Perks and Benefits for Regular Rate / Overtime Calculation

Minnesota DLI Certifies Prevailing Wage Rates for Dec 16, 2019

If ICE Comes, Are You Ready?

Reminder – Time to Reclassify Exempt Employees Making Less than $684/wk ($35,568)

Minneapolis Releases Wage Theft Prevention Ordinance Example Notice and Required Poster

It’s Beginning to Look a Lot Like [Bonus Time] Everywhere You Go…

OFCCP Issues New Construction Technical Assistance Guide

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