Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law.
DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements
The U.S. Department of Labor’s Wage and Hour Division issued a letter about the designation of FMLA leave in the context of employees covered by collective bargaining agreements (“CBA”) with a union. The article below gives an overview of the letter and what it means for employers.
New Overtime Rule Raises Salary Cutoff to $35,568
The DOL has issued its new ruling for the Fair Labor Standards Act (FLSA). The new overtime rule salary threshold was raised to $35,568. This means that employees under this cut off are now eligible for overtime pay. This rule will take effect on January 1, 2020. The previous salary cut off was set at $23,660.
“The new rule is expected to prompt employers to reclassify more than a million currently exempt workers to nonexempt status and raise pay for others above the new threshold.”
Withholdings to Fund Massachusetts Paid Family and Medical Leave Set to Begin October 1
On October 1st, payroll and wage withholdings funding the MA PFMLA (Paid Family and Medical Leave Act) began. This will allow employees to begin taking paid leave in 2021 in accordance with the Act.
“Employers can withhold up to .378% of employee wages to fund the contribution. Of that .378% withholding, .13% will be allocated towards funding family leave and .248% will be allocated towards funding medical leave. The remaining .372% of the contribution must come directly from the employer.”
October Brings Increased Legal Exposure for Maryland Employers for Workplace Harassment Claims
Employer liability for workplace harassment has been expanded in the state of Maryland. This legislation took effect on October 1, 2019 and expanded the definition of an employee.
“Legislation taking effect on October 1, 2019, amended Maryland’s non-discrimination laws by expanding the definition of employee to include independent contractors, eliminating certain defenses to claims of harassment by supervisors, and extending the statute of limitations for workplace harassment claims.”