Pasadena California Gets Minimum Wage Increase This July 1, 2018

Beginning July 1, 2018, employers with 26 or more employees must pay wages of not less than $13.25 per hour (in addition to any tips received) to each employee. For employers with 25 or less employees, the minimum wage is $12.00 per hour.

The official posters must be posted in a conspicuous place, accessible to all employees, where the other state and federal labor law posters are also posted. They can be downloaded below:

Pasadena 25 or less

25 or less employees

Pasadena 26 or more

26 or more employees

The minimum wage requirement set forth in the Pasadena Minimum Wage Ordinance applies to adult and minor employees who work two (2) or more hours per week in Pasadena.

Under the Ordinance, employees who assert their rights to receive the City’s minimum wage are protected from retaliation. Employees may file a civil lawsuit against their employers for any violation of the Ordinance or may file a complaint with the City’s Department of Planning and Community Development. The City will investigate possible violations and, where appropriate, will obtain payroll records as provided by law, and will enforce violations of the minimum wage requirements by ordering reinstatement of employees, payment of back wages unlawfully withheld, and penalties. In addition, any business that violates the provisions of the Pasadena Minimum Wage Ordinance is subject to criminal prosecution.

 

Rhode Island: Mandated Short Term Disability Rates Increase

Weekly Maximum and Minimum Benefit Rates Increase

Rhode Island has announced that its weekly maximum and minimum short term disability rates have increased.

Background
Rhode Island’s temporary disability insurance program provides income support to individuals who are out of work because of a non-work related illness or injury. To be eligible, an individual must meet certain earnings requirements and be medically certified by a qualified health care provider as unable to work.

An individual’s weekly benefit rate will be equal to 4.62% of the wages paid in the highest quarter of his or her base period.

Updated Rates
For claims with a “Benefit Year Begin Date” of July 3, 2016 or later,$89.00 is the minimum benefit rate and $817.00 is the maximum benefit rate. This does not include dependency allowance. The weekly benefit rate remains the same throughout the entire benefit year.

Click here for more information on Rhode Island’s temporary disability program.

Originally Published by HR 360, Inc.

DOL Revises Federal Minimum Wage and Employee Polygraph Workplace Posters

2016 Federal Banner for Blog
Revised Posters Must Be Posted as of August 1, 2016

The U.S. Department of Labor (DOL) has recently updated its Fair Labor Standards Act and Employee Polygraph Protection Act posters. The new versions are now included in our State & Federal Combination Posters, as well as various versions of our Federal All-In-One Posters.

Background
The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. Covered nonexempt workers are entitled to at least the federal minimum wage, and overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Note: Employers may also have certain obligations under state and/or local laws, including minimum wage and overtime pay requirements. When both the FLSA and a state law apply, the employee is entitled to the most favorable provisions of each law.

The federal Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test.

Revised Posters
Every employer of employees subject to the FLSA’s minimum wage provisions must post (and keep posted) a notice explaining the law in a conspicuous place in all of their establishments so as to permit employees to readily read it.

Additionally, every employer subject to the EPPA must post (and keep posted) on its premises a notice explaining the law. The notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.

As of August 1, 2016, employers must post these revised versions. All In One Poster Company has revised all posters containing these notices as of July 29, 2016.

DOL Issues Guidance for Private Employers on Final Overtime Rule

Guidance Provides Options for Compliance

The U.S. Department of Labor (DOL) has released guidance on its final overtime rule to help private sector employers evaluate current practices and transition to the rule’s requirements.

Background
The DOL’s final rule, effective December 1, 2016, updates the regulations governing which executive, administrative, and professional employees (“white collar” workers) are entitled to the minimum wage and overtime pay protections of the federal Fair Labor Standards Act (FLSA). The rule focuses primarily on updating the salary and compensation levelsneeded for such workers to be exempt. In particular, the final rule:

  • Raises the salary threshold from $455 a week to $913 per week (or$47,476 annually) for a full-year worker;
  • Sets the highly-compensated employee (HCE) total annual compensation level equal to $134,004 annually;
  • Establishes a mechanism for automatically updating the salary and compensation levels every 3 years, beginning on January 1, 2020; and
  • Amends the regulations to allow employers to use nondiscretionary bonuses, incentives, and commissions to satisfy up to 10% of the new standard salary level, so long asemployers pay those amounts on a quarterly or more frequent basis.

Note: When both the FLSA and a state law apply, the employee is entitled to the most favorable provisions of each law.

New Guidance
Among other things, the DOL’s guidance details some of the options employers may exercise in determining how to comply with the final rule. Employers have certain options for responding to the changes to the salary level, and the DOL does not dictate or recommend any method. Such options include:

  • Providing pay raises that increase workers’ salaries to the new threshold;
  • Spreading employment by reducing or eliminating work hours of individual employees working over 40 hours per week for which no overtime is being paid; or
  • Paying overtime.

Note: The rule does not require employers to convert a salaried worker making less than the new salary threshold to hourly status; employers can pay non-exempt employees on a salary basis and pay overtime for hours worked beyond 40 in a week.

Click here to read the guidance. Additional information on the final rule, including fact sheets and Q&As, is available on the DOL’s final rule webpage.

Originally Published by HR 360, Inc.

Minnesota Minimum Wage Rates Increase on August 1, 2016

New State and Federal Combination Poster Available for Purchase at minnesota-federal-combo-labor-law-poster-english
www.AllinOnePosters.com

The minimum wage rates in Minnesota will go up on August 1, 2016, according to the following schedule:

  • Large employersmust pay at least $9.50 an hour (annual gross volume of sales made or business done of $500,000 or more);
  • Small employersmust pay at least $7.75 an hour (annual gross volume of sales made or business done of less than $500,000);
  • Thetraining wage rate is $7.75 an hour (90-day training rate paid to employees who are younger than 20 years of age); andminwage
  • Theyouth wage rate is $7.75 an hour (may be paid to employees younger than 18 years of age).

Note: In cases where an employee is subject to both the state and federal m
inimum wage laws, the employee is entitled to the higher of the two minimum
wages.

A new state and federal combination poster reflecting the updated rates is available for purchase. Additional information regarding Minnesota’s minimum wage rates is available by clicking here.

San Francisco: Minimum Wage Rises to $13.00 Per Hour on July 1, 2016

As a reminder, the San Francisco minimum wage will rise to $13.00 per hour san-francisco-ordinances-non-laminated-minimum-wage-paid-sick-hcso-fair-chance-family-friendly-imagebeginning July 1, 2016. A new poster reflecting the updated rate (in multiple languages) is now available by clicking here.

Future Minimum Wage Increases in San Francisco
Additional raises are expected according to the following schedule:

  • $14.00 per hour beginning on July 1, 2017;
  • $15.00 per hour beginning on July 1, 2018; and
  • Increased annually by an amount corresponding to the prior year’s increase (if any) in the Consumer Price Index beginning on July 1, 2019.

Click here for more information.

ORIGINALLY POSTED BY HR360

Arizona Law Amends Definitions Regarding Employee Compensation and Benefits

Law Effective August 6, 2016

A new law in Arizona amends the state wage and hour law with respect to the definitions of “minimum wage” and “wages.”

Minimum Wage
The new law defines “minimum wage” as the nondiscretionary minimum compensation due to an employee by reason of employment, including the employee’s commissions—but excluding tips or gratuities.

Note: In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Be sure to also comply with any city or other local wage requirements (which may be higher than the state or federal minimum wage) that may apply to your business.

Wages
The law removes the following items from the definition of “wages“:

  • Sick pay;
  • Vacation pay;
  • Severance pay;
  • Commissions;
  • Bonuses; and
  • Other amounts promised when the employer has a policy or a practice of making such payments.

The law is effective August 6, 2016. Click here to read the text of the law.

ORIGINALLY POSTED BY WWW.HR360.COM

Oregon BOLI Announces Minimum Wage Rules

Oregon July 1 2016 mapNew rules will help employers calculate wages when an employee works in multiple areas

PORTLAND, OR—The Bureau of Labor and Industries (BOLI) has published new minimum wage rules in preparation for the July 2016 minimum wage increase, the agency announced today.

The rules will help employers calculate wages in circumstances such as a worker performing duties at a location other than the employer’s permanent location or working in multiple areas in the course of a work period.

The rules can be found here.

The rules reflect comments from a diverse group of Oregonians and an advisory group that included the

NW Grocery Associations, Oregon Restaurant and Lodging Association, Oregon Farm Bureau, Oregon

Association of Nurseries, Association of Oregon Industries, Oregon Business Association, UFCW, PCUN,

AFL-CIO, Family Forward, SEIU, CAUSA and Oregon Center for Public Policy. In addition to holding a public hearing and convening multiple advisory meetings, the agency received more than 300 written comments about the proposed rules.

“I appreciate that both industry associations and minimum wage advocates stepped up to advise our agency’s rulemaking process,” said Labor Commissioner Avakian. “As Oregon raises its minimum wage for more than a hundred thousand workers next month, we hope that the rules will provide fairness to workers and employers alike.”

Passed by the 2016 Oregon Legislature, SB 1532 creates a series of annual minimum wage increases starting in July. After 2023, Oregon’s minimum wage rate will be indexed to inflation based on the

Consumer Price Index (CPI), a figure published by the United States Bureau of Labor Statistics to track prices for a fixed “market basket” of goods.

The law creates a tiered wage floor based on three zones around the state: 1) inside the urban growth boundary of the Portland metro region, including Multnomah, Washington and Clackamas counties 2) certain “nonurban” counties listed here and 3) the rest of the state.

BOLI’s Technical Assistance for Employers Program will hold a series of seminars around the state to help employers navigate new sick time requirements, minimum wage rules and other new workplace laws.

NOTE: The agency has also developed one poster for the state that will satisfy employers’ posting requirements. As of June 16, 2016, All In One Poster Company will have this newly released notice included in our Labor Law Posters for Oregon.

Here is the actual table, with some explanation and footnotes showing the rundown of the plan:

Effective Date of Rate Increase Base Rate Exception:  Rate within Portland’s Urban Growth Boundary2 Exception:  Rate within Nonurban Counties3
July 1, 2016 $9.75 $9.75 $9.50
July 1, 2017 $10.25 $11.25 $10.00
July 1, 2018 $10.75 $12.00 $10.50
July 1, 2019 $11.25 $12.50 $11.00
July 1, 2020 $12.00 $13.25 $11.50
July 1, 2021 $12.75 $14.00 $12.00
July 1, 2022 $13.50 $14.75 $12.50

After June 30, 2023, the base rate will be adjusted for inflation, with the Portland rate set $1.25 above the base and the nonurban county rate set $1.00 below the base.

Employers should review their payroll practices and, as with any minimum wage increase, implement any required changes to comply with each of the upcoming rate adjustments starting later this year.

1 Some cities have recently raised the minimum wage higher than the projected rates established by Oregon’s new law.

2 An area encompassing the City of Portland and much of the greater tri-county area (Multnomah, Washington, and Clackamas counties) that is managed and periodically expanded by Metro, the Portland area regional government.

3 Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler counties.

Minimum Wage Rate in the District of Columbia (DC)

Update: The minimum wage in the District of Columbia will rise to $11.50 per hour beginning July 1, 2016 (or if greater at that time, the federal minimum wage plus $1) and $2.77 per hour for tipped employees.

In addition, employers of tipped employees must submit a quarterly wage report within 30 days of the end of each quarter to the Mayor certifying that the employee was paid the required minimum wage. The Mayor is expected to create an Internet-based portal for online reporting of the quarterly wage reports. Click here to read the text of the law.

Special Note Regarding Tipped Employees: If an employee’s tips and the cash wage do not equal the minimum wage, the employer must make up the difference.

Special Note Regarding Minor Employees: Individuals under the age of 18 may be paid the minimum wage established by the federal government.

Update: In late April 2016, the adult learner minimum wage and overtime for companions of the aged or infirm was removed from exception. Adult learners between the ages of 18 and 20 can no longer be paid federal minimum wage for the first 90 days of employment, but must be paid the minimum wage established by the District of Columbia.

Update: New details were also added that clarifies which contactors or recipients of government assistance shall pay the Living Wage rate. The Living Wage notice was revised with a wage increase from $13.84 per hour to $13.85 per hour

Update: The US Department of Labor’s Home Care Rule, effective 11/12/2015, made overtime exemptions unlawful for direct care workers who provide home services.

Update: Updates to the DC FMLA notice remove the eligible time period – weeks of leave in a 24-month period – under the Medical Leave Benefits.

For the benefit of our clients, these updates are already included in our DC & Federal Combination Posters offered on www.AllinOnePosters.com beginning May 1, 2016.

 

For More Information

District of Columbia Department of Employment Services
4058 Minnesota Avenue, NE
Washington, D.C. 20019
(202) 724-7000

Oregon: New Requirements for Itemized Wage Statements

 

Provisions Regarding Employee Access to Personnel Records Also Amended

Under a new law in Oregon, effective January 1, 2017, an employer must provide an employee (on regular paydays, and at other times that payment of wages, salary, or commission is made) with an itemized statement that contains certain information.

Contents of Itemized Wage Statement
The statement required under the law must be a written statement, sufficiently itemized to show (among other things): the date of the payment; the dates of work covered by the payment; the name of the employee; the name and business registry number or business identification number; the address and telephone number of the employer; the rate or rates of pay; whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis; gross wages; net wages; the amount and purpose of each deduction made during the respective period of service that the payment covers; and allowances (if any) claimed as part of the minimum wage.

Unless the employee is paid on a salary basis and is exempt from overtime compensation as established by local, state, or federal law, such statement must also include the regular hourly rate or rates of pay; the overtime rate or rates of pay; the number of regular hours worked and pay for those hours; and the number of overtime hours worked and pay for those hours.

Note: The employer may provide the itemized wage statement to the employee in electronic form if certain requirements are met.

Access to Personnel Records

  • Generally, within 45 days after receipt of an employee’s request, an employer must provide reasonable opportunity for the employee to inspect (at the place of employment or place of work assignment) his or her personnel records that are used or have been used to determine the employee’s qualification for employment, promotion, additional compensation, employment termination or other disciplinary action, and time and pay records of the employee for the period required by federal law.
  • Within 45 days after receipt of the employee’s request, the employer must furnish a certified copy of the records.

Additional details are available in the text of the law.

ORIGINALLY POSTED BY WWW.HR360.COM