Starting January 1st of 2016 (right around the corner) Michigan’s minimum wage will increase from $8.15 per hour to $8.50 per hour with a corresponding revision to the mandatory minimum wage poster. Keep in mind that this is only the first of multiple scheduled minimum wage increases which will take place over the next few years as required under Michigan’s Workforce Opportunity Wage Act. In 2017 the minimum wage will increase to $8.90 per hour and then to $9.25 per hour in 2018. Starting in 2019, the minimum wage will be adjusted annually to reflect inflation.
The attorneys and staff of Nemeth Law pack up their office and head to a favorite Detroit restaurant where they toast the holiday season – and wish all the best to clients and friends of the firm in 2016!
Holiday office parties are meant to celebrate tidings and good cheer, but as the saying goes, “too much of anything is never a good thing.” With the possibility of employees over indulging and unwanted advances being made, an event meant to enhance workplace morale can quickly lead to legal troubles. Nemeth Law offers employers suggestions on how to host a party that employees will enjoy and appreciate while avoiding unhappy outcomes. Hint: nix the mistletoe!
A recent joint-study conducted by Rutgers and Syracuse University has made headlines with its conclusion that some employers may express less interest in candidates who openly disclose a disability in a cover letter responding to a job opening. The researchers sent out over 6,000 fake resumes and cover letters responding to job openings across the country, and found that employers were 26% less likely to contact candidates who disclosed a disability. Employers should take note of this study and use it as an opportunity to ensure their hiring processes are compliant with state and federal disability non-discrimination laws.
On Friday, the Department of Labor (DOL) issued its semi-annual regulatory agenda, which provides updates on the agency’s rulemaking efforts including OSHA rule changes and rules impacting federal contractors and subcontractors. The most notable items in the agenda, though, are new deadlines for the DOL’s final rule revising the FLSA’s “white collar” overtime exemptions for executive, administrative, and professional employees, and a new release date for the controversial “persuader” rule.
In a surprising move, Patricia Smith, the Solicitor of Labor for the Department of Labor (DOL), recently announced that the DOL’s contentious overtime regulations may not be released until late 2016. The DOL received approximately 270,000 comments relating to the regulations which may, in part, be reason for the delay. The proposed regulations, issued in July of this year, are the cause of significant concern for many employers and for good reason. As it currently stands, when the regulations go into effect the minimum salary basis for exempt employees under the traditional “white collar” exemptions (executive, administrative, and professional employees) is set to more than double from the current $455 per week ($23,660 per year) to $970 ($50,440 per year). In addition, the salary basis threshold will automatically increase every year thereafter to keep pace with inflation. Prior to the DOL’s recent announcement to extend the effective date, final regulations were expected to be implemented in early 2016.
President Obama’s recent approval of the federal budget on November 2, 2015 enacted a provision that will increase Occupational Safety and Health Administration (OSHA) civil penalties by as much as 75-80% over current amounts starting next year. This has the potential to significantly impact some employers, especially those in construction and manufacturing.
Employers take note, Michigan’s Safety and Health Protection on the Job Notice poster has been revised. The revision, effective September 1, 2015, includes two new reporting requirements for employers including:
- Notifying the Michigan Department of Licensing and Regulatory Affairs within 8 hours of any work-related fatality
- Notifying the Michigan Department of Licensing and Regulatory Affairs within 24 hours of all work-related inpatient hospitalizations, amputations and losses of an eye.
