August 2016
Stay Current Newsletter
AN1Are Opt-Outs on the Way Out?

For many years, so long as employers were offering opt-outs uniformly to all benefit-eligible employees, the government had little, if any, regulation over opt-outs. However, beginning in 2015, multiple government agencies began tightening the parameters around permissible opt-outs and, in some situations, appear to restrict them completely. Employers are experiencing increased scrutiny over opt-outs from various agencies because of recent regulatory guidance.

For more information on this topic download the entire article below. 

AN2Salary Consideration under the New DOL Standards 

On December 1, 2016, the Department of Labor (DOL) will implement changes raising the minimum compensation for exempt employees to $47,476 annually. While salary is just half of a two-part equation that includes a duties test of essential job functions, scrutiny is under way to analyze compensation and find solutions to avoid conflict with the new rule.

For more information on this topic download the entire article below. 

AN5Meet Our Newest Team Member 

AN3Revised FLSA & EPPA Workplace Posters  

Revised Posters Must Be Posted as of August 1, 2016

The U.S. Department of Labor (DOL) has recently updated its Fair Labor Standards Act and Employee Polygraph Protection Act posters. 

The federal  Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards. Covered nonexempt workers are entitled to at least the federal minimum wage, and overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Note: Employers may also have certain obligations under state and/or local laws, including minimum wage and overtime pay requirements. When both the FLSA and a state law apply, the employee is entitled to the most favorable provisions of each law.

The federal  Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test.

Revised Posters
Every employer of employees subject to the FLSA's minimum wage provisions must post (and keep posted) a notice explaining the law in a conspicuous place in all of their establishments so as to permit employees to readily read it. An  approved copy of the minimum wage poster is available for informational purposes or for employers to use as posters.

Additionally, every employer subject to the EPPA must post (and keep posted) on its premises  a notice explaining the law. The notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.

Article reprinted with permission from
AN4Immigration Related Fines        

As of August 1, 2016, immigration related fines have increased. Read our most recent blog on  HR Done Right for all the details.  
AN6From FMLA/CFRA to the Labor Code: Understanding 
the Tangled Web of Leave Laws and How They Apply to You

SEAC Event: Tuesday, August 23, 7:30-12:30PM
Location: Sacramento State Alumni Center 
 6000 J Street, Sacramento, CA 95819

The cost for members is $90, $125 for non-members.

SEAC is a not-for-profit employer advocacy group that helps educate employers about relevant employment issues and related legal concerns. BDR CEO Laurie Rood serves on the Board and a number of our clients are members and find the workshops and seminars very valuable. For more details about SEAC and to register for this event, click the link below.

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