The latest changes to your labor law posters

As of today 7/18/2017 here are the most recent changes that have occurred:

  1. Missouri Workers Compensation Notice
  2. Wisconsin Unemployment Insurance
  3. California IWC Wage Orders in English and Spanish
  4. Nevada Pregnant Workers Fairness Act
  5. Oregon Minimum Wage
  6. Utah Workers Compensation Notice
  7. New Hampshire Legislative Protection Notice
  8. Virginia OSHA Notice
  9. USERRA updated logos and colors
  10. E-verify updated
  11. Colorado anti-discrimination Notice
  12. Delaware Industrial Affairs
  13. District of Columbia Minimum Wage

Don’t worry you can always purchase our subscription plans and we send you a free poster for the entire length of coverage! http://www.allinoneposters.com/Combination-State-Federal-Poster-Plans/

US Department Of Labor Provides New Guidance On Employee vs. Independent Contractor Classification

Most workers are employees under the [Fair Labor Standards Act’s] broad definitions.”

The debate over classification of workers as employees versus independent contractors has yet another chapter.  Last month, it was the California Labor Commissioner who sent ripples across the rideshare industry by telling Uber Technologies, Inc. that its drivers are employees, not independent contractors.  This month, the United States Department of Labor decided it was time to throw its hat in the ring and weigh in on the matter by way of a fifteen page Administrator’s Interpretation issued by Dr. David Weil.

The Fair Labor Standards Act (“FLSA”) defines employees, rather unhelpfully, as “any individual[s] employed by an employer.”  The FLSA’s definition of “employer” is similarly unilluminating: “employer”  “includes any person acting directly or indirectly in the interest of an employer in relation to an employee.”  To “employ” under the FLSA is “to suffer or permit to work.”

Lone-Worker-Group

If you’re confused as to whether a worker is an employee or independent contractor based on these definitions, you’re not alone.

The Department of Labor’s new interpretation explains that an “economic realities” test should be utilized to determine worker classification.  Under this test, the key inquiry is whether a worker is economically dependent on the employer, thereby making the worker an employee, versus whether the worker is truly in business for him or herself and thus, an independent contractor.  Determining the economic independence of a worker should occur on a case-by-case basis, using a multi-factor test that has been developed by a series of federal court decisions.  Factors that should be customarily examined include:

(i)            the extent to which the work performed is an integral part of the employer’s business;

(ii)           the worker’s opportunity for profit or loss depending on his or her managerial skill;

(iii)          the extent of the relative investments of the employer and the worker;

(iv)         whether the work performed requires special skills and initiative;

(v)          the permanency of the relationship; and

(vi)         the degree of control exercised or retained by the employer.

No one factor is determinative and “each factor should be considered in light of the ultimate determination of whether the worker is really in business for him or herself… or is economically dependent on the employer.”  The interpretation emphasizes the FLSA definitions were deliberately designed to provide a broad scope of statutory coverage and the “Act’s intended expansive coverage for workers must be considered when applying the economic realities factors.”  The interpretation also explains “the economic realities of the relationship and not the label an employer give it are determinative.  Thus, an agreement between an employer and a worker designating or labeling the worker as an independent contractor… is not relevant to the analysis of the worker’s status.”

The correct classification of workers matters both for workers and employers alike.  A worker’s classification affects entitlement to legal protections such as overtime pay and minimum wage, amongst other protections under the Act.  This DOL interpretation comes only two weeks after the DOL unveiled its proposed rule that is anticipated to result in approximately 5 million currently exempt workers shifting classification to non-exempt workers, thereby becoming entitled to minimum wage and overtime protection under the FLSA.

Originally posted by Shar Bahmani of The National Law Review

Davis-Bacon Act Compliance

Federal Contractor Blog

Employers in the construction industry involved with federally funded projects must pay their workers prevailing wage rates. The Wage and Hour Division makes sure workers are paid properly through enforcement and outreach to stakeholders. “We are committed to advancing a very basic idea: making sure that working people in the U.S. receive a fair day’s pay for a fair day’s work, and that unscrupulous employers do not gain an unfair competitive advantage over law-abiding employers by skirting the rules,” Wage and Hour Division Administrator David Weil told the annual legislative conference of North America’s Building Trades Unions in Washington, D.C., on April 20. “We’re serious about enforcement, and I want to make clear the importance of us working together to improve compliance, particularly within the context of our government contract work covered by the Davis-Bacon and Related Acts.”

Contractors and subcontractors must pay laborers and mechanics employed directly upon the site of the work at least the locally prevailing wages (including fringe benefits), listed in the Davis-Bacon wage determination in the contract, for the work performed. Davis-Bacon labor standards clauses must be included in covered contracts.

Contractors and subcontractors are required to pay covered workers weekly and submit weekly certified payroll records to the contracting agency. They are also required to post the applicable Davis-Bacon wage determination with the Davis-Bacon poster (WH-1321) on the job site in a prominent and accessible place where they can be easily seen by the workers.

Davis-Bacon Wage Determinations

Davis-Bacon wage determinations are published on the Wage Determinations On Line (WDOL) website for contracting agencies to incorporate them into covered contracts. The “prevailing wages” are determined based on wages paid to various classes of laborers and mechanics employed on specific types of construction projects in an area. Guidance on determining the type of construction is provided in All Agency Memoranda Nos. 130 and 131.

Source: http://www.dol.gov/whd/govcontracts/dbra.htm

 

Federal Contractor Minimum Wage

On February 12, 2014, President Obama signed Executive Order 13658, “Establishing a Minimum Wage for Contractors,” to raise the minimum wage to $10.10 for workers on Federal construction and service contracts. The President took this executive action because boosting wages lowers turnover and increases morale, and will lead to higher productivity overall. Raising wages will improve the quality and efficiency of services provided to the government. The Executive Order directed the Department of Labor to issue regulations to implement the new Federal contractor minimum wage.

The Wage and Hour Division has announced that it will present a webinar on Executive Order 13658: Establishing a Minimum Wage for Contractors on May 14, 2015. For more information and to register, please visit the Executive Order 13658 Webinar Page

The Wage and Hour Division has announced its 2015 Prevailing Wage Seminar Schedule. For more information and to register, please visit the Prevailing Wage Seminar Page.

Source: US Department of Labor

For ease of posting compliance, All In One Poster Company has created a Federal Contractor Poster that contains the following notices below. This poster measures 27 by 39 inches to abide by legal posting size requirements of the notices, and is laminated for protection. This poster is designed to be displayed along with your corresponding separate State Only Poster.

FEDCONbigContents:

  • Federal Contractor Minimum Wage 2015 ($10.10/HR) *NEW
  • Davis-Bacon Act
  • E-Verify / Right To Work
  • Employee Polygraph Protection Act
  • Employee Rights for Workers with Disabilities
  • Employee Rights Under National Labor Relations Act (NLRA) *NEW
  • Equal Employment Opportunity – Includes Genetic Information Non-Discrimination Act (GINA)
  • Federal Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Job Safety and Health (OSHA)
  • Uniformed Services Employment & Re-Employment Rights Act (USERRA)
  • Walsh-Healey Public Contracts Act (PCA) / Service Contract Act (SCA)

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