29Jun

Proper now, the Affected person Safety and Inexpensive Care Act (PPACA)—also referred to as well being care reform—might be your primary concern on the subject of complying with new authorities rules in 2015. It ought to be.

However whereas well being care reform brings an entire new set of challenges to what you are promoting within the coming 12 months, it’s not the one authorized change you have to control.

There are potential adjustments to a number of different employer-related legal guidelines that you could be want to arrange for.

1. Adjustments within the Truthful Labor Requirements Act (FLSA)

Truthful Labor Requirements Act (FLSA) supplies primary rights and wage protections for American employees, together with federal minimal wage and extra time necessities. Beneath this act, most employees should obtain extra time pay of no less than 1.5 occasions their common pay charge for hours labored in extra of 40 hours per week.

Nevertheless, rules relating to exemptions from the act’s extra time requirement, notably for execu-tive, administrative {and professional} workers (sometimes called “white collar” exemptions) haven’t saved up with our fashionable economic system. As a result of these rules are outdated, thousands and thousands of People lack the protections of extra time and even the proper to the minimal wage.

Proper now to qualify for exempt standing, workers must earn $455 per week. That comes out to $23,660 a 12 months, which is barely $2 per week above the poverty stage for a household of 4. Consequently, President Obama is trying to improve the qualifying quantity for exempt employees. Which means that extra employees will change into non-exempt. And what you are promoting might be accountable for appropriately monitoring and paying extra time to these workers.

With a purpose to keep away from paying extra time compensation, many employers are misclassifying their workers as impartial contractors or exempt. However that is very dangerous. If the Division of Labor (DOL) finds out, noncompliant employers might face substantial penalties. Firms ought to contemplate taking some pro-active steps, akin to performing a wage-and-hour audit to shortly spot points, restrict publicity and cut back the danger of future litigation.

To learn to correctly classify your workers learn: Worker or Impartial Contractor? How you can Correctly Classify Your Employees and Guarantee Compliance

2. A rise in federal minimal wage

There’s additionally potential for a federal minimal wage improve to $10.10 an hour.

Whereas workers making minimal wage will respect the extra compensation, this might put a major quantity of monetary pressure on some small or medium-sized corporations. Some specialists are speculating that the rise might result in job elimination as a result of enterprise’ finances constraints.

However the results of a rise to federal minimal wage might not influence what you are promoting as dramatically as you may suppose. In reality, some supporters say this can improve shopper spending and will improve your gross sales.

For recommendations on how to deal with a federal minimal wage improve learn: 5 compliance errors it’s possible you’ll not know you’re making.

3. Adjustments in marijuana legal guidelines

This 12 months, a number of states legalized the use and distribution of marijuana. This has many employers won-dering how this can have an effect on their office.

The 2 commonest questions from employers are:

1. What ought to I do if an worker involves work below the affect?
2. Am I liable if an worker will get into an accident whereas below the affect?

Marijuana continues to be federally unlawful. Subsequently, within the office, it ought to be handled as every other unlawful substance. This implies it shouldn’t be used, distributed, bought or bought by anybody in your office. You need to implement a complete substance abuse coverage which will embody pre-employment, random, post-accident or affordable suspicion drug testing.

4. “Ban the Field” legal guidelines

On job purposes, many employers require candidates to point whether or not they have ever been convicted of against the law, breach of belief or different dishonesty within the office. Typically, if candidates reply sure, employers additionally ask them to offer particulars of their conviction, akin to dates, prices and sentencing.

Analysis has discovered that these questions might routinely and unfairly remove some candidates from the hiring course of.

Prison data can comply with candidates for years, lengthy after they’ve fulfilled their sentence. These convictions or arrests might not precisely symbolize who she or he is as we speak.

For instance, let’s say your applicant was charged with a DUI 20 years in the past. Does that routinely make her or him unsuitable on your job opening as we speak?

In accordance with the EEOC, you must consider candidates on a case-by-case foundation, together with the character and gravity of their offense, the time that’s handed, and the character of job in query, to find out whether or not their convictions will impair their skill to be a protected and profitable worker in your office.

Consequently, a number of cities, counties and states have handed legal guidelines—generally often called “Ban the Field”—that make it unlawful for employers to ask felony background associated questions on job purposes.

For extra details about Ban the Field, learn: Hiring Candidates with Prison Information Isn’t All the time Unhealthy for Enterprise.

Why attempt to sustain on the ever altering authorized panorama? While you change into an Insperity Workforce Optimization shopper, you get a crew of specialists who will monitor adjustments for you and make it easier to keep compliant with the legal guidelines that have an effect on what you are promoting.