News from Ollis/Akers/Arney Human Resources Consulting

FLSA Overtime Rule with Higher Salary Levels

On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a proposed rule to amend current requirements employees in white collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA).

The proposed rule was published in the Federal Register on Sept. 8, 2023.

The general public must submit comments on the proposal by Nov. 7, 2023.

Increased Salary Level

The FLSA white collar exemptions apply to individuals in executive, administrative, professional, and some outside sales and computer-related occupations. Some highly compensated employees may also qualify for the FLSA white collar overtime exemption.

To qualify for this exemption, white collar employees must satisfy the standard salary level test, among other criteria. This salary level is a wage threshold that white collar employees must receive to qualify for the exemption.

The DOL is proposing to increase the standard salary level from:

$684 to $1,059 per week ($55,068 per year); and

$107,432 to $143,988 per year for highly compensated employees.

Automatic Updates

The DOL proposal also includes mechanisms that would allow the agency to automatically update the white collar salary level thresholds automatically every three years without having to rely on the rulemaking process.

Read the full article HERE

2022 EEO-1 Filings: Key Takeaways from the Updated Instruction Booklet and FAQ's

As we move closer to the October 31, 2023, opening date of the 2022 EEO-1 filing platform, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated instruction booklet and set of answers to frequently asked questions (FAQs). The EEOC will send a postal mailing and email providing the EEO-1 Company Number, now called the Online Filing System (OFS) Company ID, and the Employer PIN to all prior filers prior to the opening of the 2022 filing platform.

Quick Hits

The EEOC recently published an instruction booklet and a set of answers to frequently asked questions to help filers with their reports for the 2022 EEO-1 filing platform.
Federal contractors provide Unique Entity Identification Numbers and no longer provide DUNS Numbers.
The deadline to file the 2022 EEO-1 Component 1 report is December 5, 2023.

The EEOC website reports that the 2022 EEO-1 Component 1 Data File Upload Specifications are now available HERE. The EEO-1 Component 1 online Filer Support Message Center will also be available beginning on Tuesday, October 31, 2023, to assist filers with any questions they may have regarding the 2022 collection. The deadline to file the 2022 EEO-1 Component 1 report is Tuesday, December 5, 2023.

Read the entire article here

IRS Delays Roth Catch-Up Contribution Change

Plan sponsors and employees now have until 2026 to comply with a new requirement for Roth catch-up contributions under SECURE 2.0.

The IRS announced Friday it would delay for two years the requirement that workers making $145,000 or more per year who make catch-up contributions to employer-sponsored retirement plans, like a 401(k), will have to instead put that money into Roth accounts.

The Roth contribution requirement is among the provisions under SECURE 2.0, the law passed in December that includes a series of sweeping changes to the retirement landscape. It had previously required earners making $145,000 or more to make catch-up contributions on a Roth basis rather than pretax contributions, effective Jan. 1, 2024. Now, they have until 2026, according to IRS Notice 2023-62.

Learn more HERE

EEOC's Strategic Enforcement Plan

The U.S. Equal Employment Opportunity Commission (EEOC) released its proposed Strategic Enforcement Plan (SEP) for fiscal years 2023-2027.

According to the draft SEP, the EEOC is prioritizing subject matters such as eliminating barriers in recruitment and hiring; protecting vulnerable workers and persons in underserved communities from employment discrimination; addressing selected emerging and developing issues; advancing equal pay for all workers; preserving access to the legal system; and preventing and remedying systemic discrimination.

Summary of Priorities:

Sexual Harassment
Pay Discrimination
Use of AI in the workplace

Employers should consider reviewing the draft to determine how it may impact their organizations.

Read article HERE

Federal Contractors - Heads Up!

New Audits, New Burdens, Less Time to Comply

On August 25, 2023, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued an Office of Management and Budget (OMB)-approved, revised Supply and Service Scheduling Letter and Itemized Listing, which is effective through August 31, 2026. OFCCP also issued a new round of Corporate Scheduling Announcement Letters (CSALs) for 1,000 federal contractors two weeks later on September 8, 2023.

Contractors undergoing compliance reviews after August 24, 2023, will be required to comply with expanded initial data and document requests contained in the revised Scheduling Letter. Those contractors on the September 8, 2023, CSAL—as well as those on prior CSALs that have not yet been scheduled for compliance reviews—may want to ensure that they can produce the information requested by OFCCP.

Quick Hits

On August 25, 2023, OFCCP released its revised Scheduling Letter, which includes expanded initial data and document requests.
Federal contractors must provide the requested information and data within thirty days of receiving OFCCP’s Scheduling Letter.
OFCCP also recently released a new round of CSALs for 1,000 federal contractors.

What’s Next?

The new Scheduling Letter enhances and expedites the information production obligations required of contractors selected for compliance reviews after August 24, 2023, including the 1,000 contractors on the September 8 CSAL. Early coordination among internal and external resources, as well as careful review of OFCCP’s frequently asked questions (FAQs) guidance and compliance assistance information contained in OFCCP’s Contractor Compliance Institute, will provide contractors—especially those on the 2023 CSALs—the best opportunity to successfully comply with OFCCP’s expanded demands.

Read the Ogletree Deakins article HERE

EEOC Anti-Harassment Enforcement Policy

On September 29, 2023, the EEOC unveiled proposed guidance, “Enforcement Guidance on Harassment in the Workplace,” outlining the agency’s stance on what constitutes an effective anti-harassment policy (notably including potential unlawful harassment based on sexual orientation and gender identity), complaint process, and anti-harassment training, as well as common pitfalls.

According to the EEOC’s proposed guidance, effective anti-harassment policies would minimally contain several features, including the following:

1. A definition of what conduct is prohibited

2. A requirement that supervisors report harassment of which they are aware

3. Offering multiple reporting avenues available during the employees’ working times and other times (e.g., weekends and evening hours)

4. Clearly identifying accessible points of contact to report harassment with contact information

5. An explanation of the complaint process, including the ability to bypass a supervisor (especially one alleged to have engaged in harassment), anti-retaliation and confidentiality protections, as well as any alternative dispute resolution process available

Read more HERE

Guidance Based on Sexual Orientation - Gender Identity

The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance seeking to clarify that harassment and discrimination based on LGBTQ+ status—including intentional misgendering, repeated use of incorrect pronouns, or denial of access to the bathroom consistent with one’s gender identity—are cognizable federal workplace harassment claims.

Quick Hits

The EEOC’s proposed guidance specifies the agency’s view harassment based on sexual orientation and gender identity, including how that identity is expressed, constitutes sex-based discrimination.
While the Supreme Court’s decision in Bostock concerned allegations of discriminatory discharge based on LGBTQ+ status, the EEOC proposed guidance states Bostock “logically extends to claims of harassment” as numerous courts have held post-Bostock.
Comments on the proposed guidance will be accepted until November 1, 2023.

More information HERE