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Archive by tag: Poyner Spruill LLPReturn

Department of Labor Proposes Rule Clarifying Fluctuating Workweek Method of Calculating Overtime Pay

On November 5, 2019, the Wage and Hour Division of the U.S. Department of Labor proposed a new Rule which would allow employers to offer bonuses and other incentive-based payments to salaried nonexempt employees whose work hours fluctuate each...By: Poyner Spruill LLP
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Poyner Spruill LLP | Nov 19,2019 |

DOL's Proposed Rule on Electronic Disclosure Safe Harbors

Complying with all the required notices and disclosures to retirement plan participants can be expensive and burdensome. The Department of Labor (DOL) has moved one step closer to making it easier and less expensive for plan sponsors to meet these...By: Poyner Spruill LLP
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Poyner Spruill LLP | Nov 06,2019 |

Increase in Minimum Salary Threshold for FLSA EAP Exemptions

Effective January 1, 2020, the minimum salary threshold for the executive, administrative, and professional exemptions (EAP exemptions) under the Fair Labor Standards Act (FLSA) will increase from $455 a week ($23,660 annually) to $684 a week...By: Poyner Spruill LLP
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Poyner Spruill LLP | Oct 24,2019 |

Diversity Visa Lottery provides Possible Alternative to Employment- or Family-sponsored Green Cards

The Diversity Visa (DV) Lottery is a means for any national who is not born in certain annually excluded countries to apply for a green card. The lottery picks the “winners” who are then eligible to register for a green card — often without a decade...By: Poyner Spruill LLP
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Poyner Spruill LLP | Oct 12,2019 |

Site Visits by ICE are Now a Reality for Employers Hiring some Student Visa Holders - New Compliance Limited to STEM Graduates on OPT with a 24 Month Extension

The U.S. Department of Homeland Security (DHS) has instituted a new compliance activity which could surprise the unprepared employer who has hired a recent graduate on Optional Practical Training (OPT). The site visits are limited to employers who...By: Poyner Spruill LLP
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Poyner Spruill LLP | Oct 08,2019 |

EEOC Settlement of Pregnancy Discrimination Charge Highlights Right to Accommodation

On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in violation of the Pregnancy...By: Poyner Spruill LLP
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Poyner Spruill LLP | Sep 25,2019 |

Non-Binary Employees and Component 2 of the EEO-1 Report

If your company employs 100 or more employees or has 50 or more employees and a federal contract of $50,000 or more, the deadline to file your employee pay information with the federal government is the end of this month. Hopefully, if your company...By: Poyner Spruill LLP
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Poyner Spruill LLP | Sep 09,2019 |

Not So Fast: Federal Court Refuses to Give Deference to New DOL Guidance Abandoning the "20% Rule" - Poyner Spruill LLP

The “20% Rule,” which provided guidance to employers for when they must pay tipped employees minimum, rather than a tipped hourly wage, was recently abandoned by the United States Department of Labor (“DOL”). First published in a 1988 DOL Handbook,...By: Poyner Spruill LLP
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Poyner Spruill LLP | Aug 14,2019 |

The End (of the Year) is Nigh - Time to Prepare

Yet again, the end of the year is rapidly approaching! To avoid costly penalties that can arise from inadvertent errors in the year-end crush, plan sponsors should begin talking with their service providers now about what must be done before December...By: Poyner Spruill LLP
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Poyner Spruill LLP | Aug 01,2019 |

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the EEOC as “Component 2”)...By: Poyner Spruill LLP
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Poyner Spruill LLP | Jul 20,2019 |
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