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 It remains to be seen if the new rule will go into effect, be withdrawn or rewritten.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 firstname.lastname@example.org for guidance on determining if someone is a Contractor or an employee .
On January 29th, OSHA posted new guidance for employers with updates on how to keep workplaces safe from the COVID-19 virus.
Key information includes;
· Steps to follow to provide a safe and healthy workplace
· Ways to limit the spread of COVID-19
· Best ways to handle COVID-19 cases
Important steps for employers include;
· Communicating a COVID-19 policy, including a vaccine policy
· Designating an employee or team of employees to administer the policies
Due to the complexity of the COVID-19 issues, employers may see employment claims related to leave of absences, safe working environments and retaliation. A strong COVID-19 policy is essential for employers. We can help design a COVID-19 policy that will work for your business.
The first of the year is a great time to organize and clean out files, documents, etc. Before starting this process, make sure you know the Federal and State guidelines on record retention. To make record retention easy, most employment law attorneys recommend keeping all employment-related records for at least seven years. This time frame would cover the Federal and State statues. To request a chart on the time frames required for record keeping, send your request to email@example.com