DOL Issues Long-Awaited Proposed Overtime Rule

On March 7, 2019, the United States Department of Labor (USDOL) issued the long-awaited Notice of Proposed Rule Making (NPRM) which proposes changes to the Fair Labor Standards Act (FLSA) overtime provisions.  These proposed changes, which are detail in the 219-page document, follow nearly three years of legal actions challenging the USDOL’s 2016 proposed FLSA overtime changes. A quick history on these proposed changes.  On May 23, 2016, the USDOL issued the 2016 FLSA proposed overtime rule changes that would have more than doubled the minimum salary thresholds for the so called “white collar” overtime exemptions.  Under the 2016 proposed rule, the minimum salary threshold would have increased from $455 per week ($23,660 per year) to $913 per week ($47, 476 per year) and the Highly Compensated Employee (HCE) salary level from $100,000 to $134,000 annually.  Just before the changes were about to become effective, the United States District Court for the Eastern District of Texas invalidated the proposed rule stating that the USDOL lacked the authority to propose these changes.  Shortly thereafter, the proposed changes were put on hold. This latest proposed rule formally rescinds the 2016 proposed rule and would provide for updates to the standard salary level...

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EEOC Extends EEO-1 Reporting Deadline

The Equal Employment Opportunity Commission (EEOC) had announced that it has postponed the opening of EEO-1 data reporting until early March and also extended the deadline for employers to submit their EEO-1 data until May 31, 2019.  The EEOC has cited that these deadlines have been postponed due to the lapse in funding as a result of government shut down.  The EEO-1 is an annual survey that requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, sub­contract or purchase order amounting to $50,000 or more to file the EEO-1 report.  The EEO-1 Report data includes data about wages, gender, and race/ethnicity of the employer’s workforce by job type groupings.  This data is used by the EEOC to ensure compliance with the Federal non-discrimination laws.  For additional information about filing your organization’s EEO-1 Report, visit the EEOC’s employer resource page or contact the AAA for assistance....

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OSHA Injury Tracking Update

Earlier this week the AAA reminded its members of their obligation to post their 2018 injury data represented on the OSHA Form 300A in all work sites from February 1st through April 30th.  In addition, all EMS employers are required to report all injury data on the OSHA Injury Tracking Application (ITA).  Historically, all EMS employers were to electronically report the data represented on Form 300A.  However, larger employers (250 or more) also had to electronically submit the injury specific information from the Form 300 and Form 301 to the ITA.  OSHA announced yesterday that employers that larger employers will no longer be required to submit the information from Forms 300 and 301.  Citing privacy concerns, OSHA announced that employers of all sizes will only be required to submit the workplace injury summary information from Form 300A.

HHS Releases Communication Checklist to Aid First Responders

HHS Releases Checklist to Aid First Responders in Communicating Effectively with Patients The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has released a plain language checklist that is intended to aid First Responders during emergencies that involve individuals with Limited English Proficiency (LEP) and communications related disabilities. The AAA issued numerous articles to its members in 2016 about the newly published requirements for all healthcare providers, including EMS agencies, under the nondiscrimination provisions of the Affordable Care Act (ACA) Section 1557. The requirements are intended to prevent discrimination in the provision of healthcare and ensure that all individuals can meaningfully participate in their healthcare treatment, including those patients with LEP and other communications related disabilities. The announcement yesterday is intended to provide additional resources for healthcare providers to ensure compliance with the ACA Section 1557. The checklist includes numerous recommendations and action steps that EMS agencies can utilize to ensure that they are serving all members of a community in a meaningful way. These recommendations include conducting research about the communities by accessing U.S. Census Bureau data, engaging Centers for Independent Living and local assistance groups, and by preparing emergency messaging that can be...

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Retirement plan limit increases

The Internal Revenue Service (IRS) announced last week that it has increased the contribution limits for employees who participate in 401(k), 403(b), and most 457 plans.  The total contributions amounts has increased $500 from $18,500 to $19,000 for plan year 2019.  In addition, the “all sources” contribution maximum increase $1,000 to $56,000.  These limits on contributions are adjusted each year due to inflation.  The catch-up contributions for employees who are age 50 or older remains unchanged at $6,000 because that is not adjusted along with inflation but set by law....

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EEOC Sexual Harassment Update Fall 2018

The Equal Employment Opportunity Commission (EEOC) released a Press Release yesterday encouraging employers to take “concrete steps to change their workplace cultures to prevent harassment”.  The EEOC held a meeting yesterday at their headquarters in Washington D.C. as it has been 12 months since the #MeToo movement first exploded in the media in October 2016.  Long before the #MeToo movement gained momentum, the EEOC assembled a Select Task Force on the Study of Harassment in the Workplace to try to ascertain the progress made in the last 30 years of anti-harassment efforts.  This Special Task Force released a report in June 2016 in which they state that sexual harassment in the workplace is still a significant problem and that many of the employer awareness and educational efforts have done little to reduce or prevent it. The EEOC released the final 2018 fiscal year data regarding its efforts to fight or prevent workplace harassment.  The report included data that showed a 13.6% increase in sexual harassment charges and nearly 50% increase in harassment lawsuits.  EEOC Acting Chair Victoria A. Lipnic and Select Task Force Co-Chair Chai R. Feldblum, stated that there needs to be a holistic approach to fighting and preventing (more…)