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With the COVID-19 pandemic, everyone’s resilience and adaptability has really been tested. Employee’s mental health was already a rising concern for employers and the past year has moved it to the forefront. April 6th is National Benefits day with a focus on mental health. Resources such as “How Supervisors can Support Employees with a Mental illness” to “How to face Adversity” are topics that can be provided to supervisors. For ways that your business can promote a healthy workplace with a focus on mental health, contact [email protected]
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The bill to gradually increase the minimum wage to $15.00/hour failed to pass in the Senate and was not included in the New American Rescue bill.
While the National and Texas minimum wage remains at $7.25, employers may often offer employees a higher rate to stay competitive. We expect to hear about more efforts to increase the minimum wage in the future, but for now the labor market dictates the best compensation and benefits to offer new employees. If compensation or benefit survey information is needed, we will be glad to help. On January 7, 2021, the U.S. Department of Labor (DOL) published a new rule for determining whether Independent Contractors are employees under the FLSA. The new rule, which was to become effective March 8, 2021 focuses on the “economic realities” of the work arrangement and, whether the employer has actual control over the Independent Contractor. The new rule if enacted would be part of the PRO Act, proposes the following:
· Adopt an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. · To identify and explain two “core factors,” to help determine if a worker is economically dependent on someone else’s business or in in business for themselves; · Identify three other factors that may serve as additional guidance in the analysis; and, · Advise that the actual practice is more relevant than what may be contractually or theoretically possible. However, on March 2, 2021, the DOL announced that it decided to delay the independent contractor rule from March 8th to May 7th, 2021 to allow the agency additional time to review the multiple issues of law, policy, and fact before it goes into effect. It remains to be seen if the new rule will go into effect, be withdrawn or rewritten. Stay tuned! Contact [email protected] for guidance on determining if someone is a Contractor or an employee . |
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April 2025
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