9/21/2016. The Rising Cost of Wage & Hour. Agenda. Paid Sick Leave

Transcription

1 The Rising Cost of Wage & Hour Christine V. Walters, JD, MAS, SHRM-SCP, SPHR September 15, 2016 Agenda Paid Sick Leave Trends Family leave Maryland FMLA updates Overtime regulations Key changes & 7 strategies for responding Opportunities for Legislative advocacy Paid Sick Leave Maryland Legislation Montgomery County new law eff. October 1st Congressional Legislation 1

2 Raise Your Hand IF 1. you employ more than 9 employees; 2. you provide at least 56 hours (7 days) of paid sick leave per year for fulltime employees (however you define them); 3. you provide that leave at a rate of at least one hour of paid sick leave for every 30 hours worked; 4. you provide paid sick leave for part time employees who regularly work at least 8 hours/week; 5. you begin to accrue the leave on the employee s 1st day of work; 6. you permit employees to use the leave by at least their 90 th day; 7. you permit employees to use at least 80 hours of earned leave per year; 8. you permit employees to roll over at least 56 hours; 9. you permit employees to use that leave to care for extended family member including at least their grandparent s spouse; Raise Your Hand IF 10. you do NOT require the employee to make up time or trade shifts; 11. you do NOT require an employee to use paid leave in an increment of > one hour; 12. you NEVER require documentation for one or two absences; AND 13. you reinstate 100% of accrued sick leave the employee had at termination if rehired within 12 months. How Many Hands Now? If you employ employees in Montgomery County 2

3 Advocacy Opps S. 233 and H.R. 465 Working Families Flexibility Act (private sector comp time bill) Senate 28 Co-Sponsors House 155 Co-Sponsors How many are from MD? Some Key Maryland Family Leave Laws Maryland s Flexible Leave Act (MFLA) An employer that provides paid leave for an employee s illness must permit the employee to use the same paid leave to care for an immediate family member Parental Leave Employers with employees in the state provide up to six weeks of parental leave (FMLA light) Reasonable Accommodation for Pregnancy-Related Disability Mandatory poster and policy Some Key Maryland Family Leave Laws Military Leave An employer with 50 or more employees must provide one day of unpaid leave to spend time with the employee s spouse, parent, stepparent, child, stepchild, or sibling on the day that individual leaves for or returns from any active duty outside of the U.S. Employee eligibility = ½ FMLA eligibility (1,250 hours requirement only) 3

4 FMLA DOL Publishes Guidance for Employers FMLA Tips Be sure you are using all current forms (exp 5/31/18) Provide notices timely: (1) Eligibility & Rights and (2) Designation Notice Ensure you have required policy in Handbook Include GINA safe harbor with medical certification forms Watch FMLA-like state laws How Many? 11 Not to mention burgeoning sick leave laws At least 5 states; 27 cities; + 1 county Overtime Regulations 4

5 Summary: What s Changed? Minimum Salary Test Salary Basis Test Duties Test ER Practical Guidance: 7 Strategies 1. current comp to at least $47, Convert to N/E at current salary / 2080 and pay OT 3. #2 but limit OT 4. #3 and hire PT employee at straight time instead of OT 5. #3 and use a volunteer 6. #2 but pay on a salary basis 7. Convert to NE at hourly rate so with OT total comp stays the same $/Time /Risk Strategy #7: FLSA Calculator 7. Convert to NE at hourly rate so with OT total comp stays the same 5

6 Communications & EE Relations 1. Start now!! Surprise is generally not a good thing in employment 2. Adult Learning Theory: Start with Why we re changing 3. Our goal in the process we ve selected 4. Now, what we re changing 5. What it means for the employee 1. Fluctuations in pay 2. Change in procedure time tracking 3. Modified or flexibility *Consider Implications to: Pay Frequency Fair/Predictive Scheduling OT Limits On Call Pay Travel Pay Comp Time Use of Paid Leave Deductions from pay for Lost/Damaged Co Prop Partial Day Absences Day B/A Holiday Pay Day Waiting Time to name a few 6

7 Advocacy Opps S and H.R. 4773, Protecting Workplace Advancement and Opportunity Act ( Slow Your Roll bill) As of this writing: 45 Senators and 190 Representatives are Co-Sponsors HR 5813 Bill to phase in new rule (4 Dem Co- Sponsors) S. 233 and H.R. 465 Working Families Flexibility Act (private sector comp time bill) Last Action: 12/15/15/ - 28 and 155 Co-Sponsors On the Horizon Stay tuned! DOL to publish RFI on time tracking for employees use of electronic devices! Remember at least 16 states with their own EAP regs! New FLSA poster Thank You! One of the SHRMStore s Great 8 Best-Sellers 5 Years in a Row! Christine V. Walters, JD, MAS, SHRM-SCP, SPHR info@fivel.net 7