Penalties Increase for Employers Violating Certain Federal Labor Laws

pay_or_play_penalty_and_ppacaEmployers that do not comply with certain requirements under a number of federal labor laws will face increased fines beginning with civil penalties assessed after August 1, 2016 (whose associated violations occurred after November 2, 2015).

Key Penalty Increases
Penalty increases announced by the U.S. Department of Labor that may be of particular interest include:

  • Repeated or willful violations of the Fair Labor Standards Act (FLSA) minimum wage or overtime pay requirements will be subject to a penalty of up to $1,894 per violation (formerly $1,100);
  • Willful violations of the Family and Medical Leave Act (FMLA) posting requirement will be subject to a penalty not to exceed $163 for each separate offense (formerly $110) (note: covered employers must post this general notice even if no employees are eligible for FMLA leave);
  • Failure to provide employees with a Children’s Health Insurance Program (CHIP) notice will be subject to a penalty of up to $110 per day per violation (formerly $100);
  • Failure to provide a Summary of Benefits and Coverage (SBC) will be subject to a penalty of up to $1,087 per failure (formerly $1,000);
  • Failure or refusal to file a Form 5500 will be subject to a penalty of up to $2,063 per day (formerly $1,100); and
  • Violations of the Occupational Safety and Health Administration’s posting requirement will be subject to a maximum penalty of $12,471 for each violation (formerly $7,000).

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

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

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.

Colorado Repeals Certain State Employment Verification Requirements

Employers Still Must Comply with Federal Employment Verification Requirements

A new law in Colorado, effective August 10, 2016, repeals certain state employment verification requirements.

State Verification Law Repealed

Under current state law (until August 10, 2016), each employer in Colorado must:

  • Make an affirmation within 20 days after hiring a new employee and keep a written or electronic copy of the affirmation for the term of employment of each employee; and
  • Keep a written or electronic copy of the employee’s documents required by 8 U.S.C. § 1324a (commonly known as Form I-9 identity and employment authorization documents) and retain the copies for the term of employment of each employee.

Effective August 10, 2016, these requirements are repealed.

Federal Law Still Applicable
The law does not repeal a provision allowing the state Department of Labor and Employment to request documentation that demonstrates compliance with federal verification requirements.

Federal law requires employers to hire only individuals who may legally work in the United States—either U.S. citizens or foreign citizens who have the necessary authorization. To comply with the law, employers must verify the identity and employment authorization of each employee hired to work in the United States by completing and retaining Form I-9,Employment Eligibility Verification.

Employers must have a completed Form I-9 on file for each person on their payroll (or otherwise receiving remuneration) who is required to complete the form. Employers must also keep completed Forms I-9 for a certain amount of time after their employees stop working for them. Once an employee no longer works for the employer, the employer must determine how much longer to keep the employee’s Form I-9. To calculate how long to keep an employee’s Form I-9, click here.

Click here to read the text of the new state law. Additional information regarding Form I-9 is available by clicking here


New California Family Rights Act (CFRA) Takes Effect July 1, 2015

The California Fair Employment and Housing Council recently published new California Family Rights Act (CFRA) regulations that will take effect July 1, 2015. The new revisions are intended to clarify confusing rules and closely align the regulations with the federal Family and Medical Leave Act (FMLA) regulations, although differences still remain between CFRA and FMLA.Medical-Leave

As a reminder, CFRA applies to employers who do business in California and employ 50 or more part-time or full-time employees (within a 75 mile radius). It provides eligible employees leave rights for the following:

(1) birth of a child for purposes of bonding,

(2) placement of a child in the employee’s family for adoption or foster care,

(3) for the serious health condition of the employee’s child, parent or spouse, and

(4) for the employee’s own serious health condition.

The regulations include wide-ranging substantive changes. For example, the regulations now explain in detail how an employer can violate CFRA by interfering with an employee’s CFRA rights, and clarify that all employees, not merely employees eligible for CFRA, are protected from retaliation for opposing any practice unlawful under CFRA. Some other key provisions of the new regulations include:

  • Covered Employers: The regulations expand the definition of covered employer to include “successors in interest” of a covered employer and joint employers.
  • Definitions: The regulations revise the definitions of serious health condition, inpatient care, eligible employee, and spouse, among others.
  • Key Employee: The regulations revise the provisions regarding the refusal to reinstate a “key employee.”
  • Health Care Coverage: The regulations expand and clarify when and how an employer must maintain group health plan coverage for employees on CFRA leave.
  • Use of Paid Leave: The regulations clarify that an employee receiving any form of disability payments or Paid Family Leave insurance while on CFRA leave is not on an “unpaid leave” and thus cannot be required to use PTO, accrued vacation, or sick leave.
  • Fitness for Duty/Return to Work: The regulations discuss whether, when, and under what circumstance an employer may ask an employee to undergo a fitness-for-duty examination before returning to work.
  • Disability Leave: The regulations now explicitly state that if an employee has a serious health condition that also qualifies as a disability under California law and cannot return to work at the conclusion of their CFRA leave, the employer has an obligation to engage in the interactive process to determine whether an extension of the leave would qualify as a reasonable accommodation under FEHA.
  • Calculation of Leave and Intermittent Leave: The regulations expand and clarify how to calculate CFRA leave and the use of intermittent leave.
  • Posting and Notice Requirements: Employers must now respond to requests to take CFRA leave within five business days (up from 10 calendar days previously required). Employers must also post notices explaining CFRA in conspicuous places where they can be seen by employees and applicants for employment.

For the convenience of our customers, All in One Poster Company as of today has included the official CFRA notice published by the state late last Friday in its all-in-one state and federal labor law poster. This replaces the previous “Notice B” that applies to employers with 50 or more employees.

You can find more information regarding the new regulations on the California Department of Fair Employment and Housing’s website, located here.

Labor Law History and Background

United States Labor law, also commonly known as employment law, covers all legal
aspects related to any relationship between an employer, employees, labor
unions, and the government. This broad term encompasses individual, collective,
and international labor law.

United States Department of Labor (DOL) - Labor Compliance Article
Labor Law concerns the rights of the worker as dictated by a contract between
the employer and the employee. The terms and conditions of the contract are
mostly following common law or legislation. For example, following state law,
contracts state that an employer may not dismiss their employee for illegal
reasons. Furthermore, minimum wage regulations also fall under individual labor
law. An employer may not legally pay any employee under the national minimum
wage, currently $7.25 per hour in the United States. However, some states have a
minimum wage set higher than the federal wage.

Collective Labor Law refers to relationships between the employer, their
employee, and the respective labor or trade union. These labor unions are
organized groups of employees, and they work to serve the best interests of
their members. With approval from union leadership, members of the union may
collectively participate in a strike. Without the union, individual employees
would not have the ability to “strike” because they would likely be let go
immediately. Although, it is not in an employer’s best interest to fire every
single employee when a union goes on strike. Thus, the power of an employer can
be met equally through the utilization of unions.

The history of Labor Law in the United States is fairly complex and can extend
back to the 1600s where one of the first recorded strikes took place. However,
the formalities of these laws seem to have emerged in tandem with the Industrial
Revolution between the late 1700s and the early 1800s. The shift from
smaller-scale production to much larger factories caused relationships between
employers and employees to shift too. Employees began to seek out better working
conditions, more suitable hours, as well as the right to join labor unions. In
addition to this, child labor became a pertinent, rising concern during the same
time period. These multiple factors pushed forward the aggressive movement forOccupational Safety and Health Administration (OSHA) - Labor Compliance Articlelabor
law reform in the United States.

The United States Department of Labor (DOL) manages and enforces close to 200
federal laws related to labor, employees, employers, and compliance.
Furthermore, the Occupational Safety and Health Administration (OSHA) regulates
all health conditions in most private industries. It is the responsibility of an
employer to guarantee their employees are in a safe, hazard-free working
environment. Both the DOL and OSHA require that certain notices are posted,
providing the necessary regulation information to their employees. Labor law
poster and OSHA poster requirement information can be found on the United States
Department of Labor website, as well as on any specific state Department of
Labor website. Below, you may find a list of all 50 states and their respective
DOL website.

Recognized as on the nation’s most professional and accurate providers of labor
law and compliance related posters, All In One Poster Company is the essential
place to turn to for all your poster needs. A partnership with this company will
ensure your business’s success as they will guide you through any compliance
matters with their knowledge and experience.  Questions or Comments: Contact us
at 1-800-273-0307


Each of the 50 states in the Union have their own agency which regulates and
overseen labor laws and compliance matters.



















































Labor Law Poster Updates for both State and Federal

Welcome to All In One Labor Law Poster Updates. Successfully operating a
business involves navigating and understanding the endless array of labor and
employment laws. The intention here is to provide relevant and up-to-date
information on matters revolving around issues concerning employment, labor
laws, regulations, and employer compliance. Our forum will discuss topics
ranging from standard regulations that require employer compliance to current
events and their potential effects on employeCA-SF-Package-ENGrs/employees.
We will highlight details that all employers and businesses alike can utilize to
ensure they are informed on necessary changes.

One of the most vital factors in an ever increasing regulatory and competitive
market is selecting the right partners. Choosing the right
 to support an operation can be the difference between
failure/stagnation or success/growth. Those necessary resources will also be
included as part of our discussion.

In today’s environment, business owners cannot afford to be out of the loop on
changing laws and regulations concerning their employees. It is crucial to make
certain that the relationship between worker and employer follows terms and
conditions set forth by the government. So our topics will range from workplace
safety to employer compliance needs to local/national debates on issues such as
minimum wage.

Our articles will not only cover the history of our nation’s labor laws, but
also how these laws continue to change and adapt as the business world continues
to move forward. We will emphasize how law changes can affect your business and
employees, and thus, give you an encompassing idea of the importance of abiding
by these principles.

Make sure to check back often, as a new topic will be covered each day. We hope
to help educate and shed some light on issues that will help you and your
business grow efficiently and effectively.

Check back often to get the latest on matters that effect your business.

Operations present sufficient challenges, without having to worry about wasting
time researching and updating compliance matters. All In One Poster Company is
the trusted partner you need. Recognized as one of the nation’s most
professional and accurate providers of labor law and compliance related posters,
their experienced staff will utilize their knowledge to help your business

Election Results Show Minimum Wage is On Its Way Up Across the Country

Election Results Show Minimum Wage is On Its Way Up Across the Country | Labor Law Compliance & More//

While Democrats had a tough time with the Midterm Elections, they gained victory with an essential issue that has been advocated for months now. A higher minimum wage was approved by 4 states that tend to lean red in their decisions. South Dakota, Nebraska, Arkansas, and Alaska have all approved state proposals to raise minimum wage over the next few years.

Below is a summary of the proposed increases for each of the four states:

  • Alaska: $7.75 to $9.75 by 2016
  • Arkansas: $6.25 to $8.50 by 2017
  • Nebraska: $7.25 to $9.00 by 2016
  • South Dakota: $7.25 to $8.50 next year (adjusted for inflation subsequently)

Over the past two years, 12 states and Washington D.C. have all approved proposals to raise their minimum wage. San Francisco seems to be at the front of the pack with their proposed wage increase by 2017: $10.74 to $15 by 2018. The city approved the measure Tuesday night.

Despite statewide changes to minimum wage, there has been no progress in Congress regarding the Democratic push for an increase on the Federal minimum wage. Currently at $7.25, the blue party has been aiming to bring minimum wage up to $10.10, known by many as Obama’s “It’s Time for Ten-Ten.”

The image below summarizes where wages are increasing, and by how much.

state minimum-wage rising c