Monday, February 20, 2012

2013 DOL Budget Q & A

Many leaders from the US Department of Labor held a Questions & Answers session on February 13th. Included in the panel was Nancy Leppink, Deputy Administrator of the Wage and Hour Division (WHD). Below are the questions and Ms. Leppink's responses.

Could you comment further on the WHD efforts that will be funded by the increases mentioned earlier? ($10 million to address misclassificaton of employees and $6 million for increased FLSA and FMLA enforcement)

Elizabeth, thanks for the question. About $6.4 million will used be to hire investigators to enforce FLSA (overtime and Section 14(c)) and FMLA, and about $3.8 million will be used to hire investigators for increasing enforcement related to misclassificaiton of employees and to educate employers and employees about their rights and responsibilities.

For Tricia Smith: What trends are becoming apparent with the issue of worker misclassification regarding DBRA noncompliance, and is there anything good to report?

Steven, thanks for your question! In 2011, the Wage and Hour Division collected nearly $18 million in back wages related to DBRA violations for more than 8,000 workers.

Will this proposed budget have any impact on DOL enforcement efforts with respect to "Hot Goods"? If so, what do you see as the impact? And, what industries will be affected the most?

JMH, thanks for your question. The Wage and Hour Division has indicated that it will use all tools available, including the FLSA hot goods provision, to ensure compliance among violators and to deter violations among other employers. The division will continue to focus on low-wage industries that employ vulnerable workers, including agriculture and garment.

How many more inspectors would the WHD budget increases support?

Hello, Elizabeth. The WHD budget increases would support the hiring of about 92 additional investigators.

For Wage & Hour: What does the 2013 budget mean for Wage & Hour investigations? Will there be any additional investigators hired to combat FLSA violations?

Hi, Michell. Elizabeth had a similar question at 2:11. Please scroll up and see our response to her.

With the DOL's new investigators, is there a percentage that would focus on misclassification vs FMLA violations or is this a dual effort?

We've requested $3.8 million and 35 full time employers for increased enforcement related specifically to misclassified workers.

Will DOL be working with IRS on misclassification cases?

Pat, thanks for the question. In 2011, DOL and IRS signed a memorandum of understanding to improve coordination on misclassification. Information is available on our website, discussing the MOU with the IRS and similar MOUs with individual states: http://www.dol.gov/whd/

The majority of violations in wage and hour division falls between misclassification of employees, lack of payroll records keeping and overtime pay. what plan does this division has to minimize these problem areas- are planning outreach programs or training. would you be need private sector help in providing assitance in form of training, if so what provisions in budget would be use for such purpose

In response to the growing national problem of misclassification, WHD is employing a number of strategies including targeted enforcement and outreach to workers and employers. Additional information about our misclassification efforts is available online at http://www.dol.gov/whd/workers/misclassification/

What commitment does the DOL have for the enforcement of Davis Bacon in 2013?

Hi, Tyra. Thanks for your question. The Wage and Hour Division will continue its emphasis on enforcing the prevailing wage requirements of the Davis-Bacon program in 2013.

Friday, February 10, 2012

2012 Labor Law Posters

The state of Louisiana has released its updated Earned Income Credit posting. Louisiana is the last Major change anticipated to be made for January 2012. Now that we are in "full swing" of the new year. Employers must ensure they are in compliance with the many Federal and State government agencies that require a labor law posting. National Safety Compliance has compiled a comprehensive list of all the states and provided that list and any Major changes that would mandate an update to your poster.
State Changes Since January 2011 Affected Posting
Federal YES 01/09-USERRA
11/09-EEOC Posting (GINA Information)
09/11-NLRB Posting added
04/12-NLRB Posting required
Alabama

Alaska
07/09-Minimum Wage
Arizona YES 01/10-Discrimination Poster
01/11-Minimum Wage
01/12-Minimum Wage
Arkansas

California YES 01/09-Unemployment Insurance
01/12-Family Medical Leave Act
01/12-Discrimination & Harassment in Employment
Colorado YES
01/10-Discrimination Posting
01/11-Minimum Wage
01/12-Minimum Wage
Connecticut YES

01/09-Minimum Wage
01/12-Paid Sick Leave (new posting)

Deleware
07/09-Minimum Wage
District of Columbia
01/09-Fair Housing*
01/11-Accrued Sick & Safe Leave Act (new posting)
Florida YES 01/09-Minimum Wage
07/09-Minimum Wage
01/12-Minimum Wage
Georgia

Hawaii

Idaho

Illinois
06/08-Minimum Wage
09/08-Dept. of Labor Posting (NEW)
Indiana

Iowa

Kansas

Kentucky

Louisiana YES

01/10-Earned Income Credit
01/11-Earned Income Credit
01/12-Earned Income Credit

Maine
10/08-Minimum Wage
Maryland
07/09-Minimum Wage
Massachusetts
06/08-Minimum Wage
Michigan
07/09-Minimum Wage
Minnesota

Mississippi

Missouri
01/09-Minimum Wage
07/09-Minimum Wage
Montana YES 01/09-Minimum Wage
01/12-Minimum Wage
Nebraska

Nevada
07/09-Minimum Wage
New Hampshire YES 01/09-Criteria to Establish an Employee or Independent Contractor
01/12-Minimum Wage
New Jersey YES 07/09-Minimum Wage
01/12-Employer Obligation to Maintain & Report Records (new posting)
New Mexico

New York
02/09-Correctional Records (NEW)
07/09-Minimum Wage
North Carolina

North Dakota

Ohio YES 01/09-Minimum Wage
01/11-Minimum Wage
01/12-Minimum Wage
Oklahoma

Oregon YES 01/11-Minimum Wage
01/12-Minimum Wage
01/12-Family Leave
Pennsylvania

Rhode Island
01/09-Minimum Wage
South Carolina YES 01/09-Payment of Wages Act
01/12-Labor Licensing & Registration posting update (E-verify statement)
South Dakota
07/08-Unemployment Insurance
Tennessee

Texas

Utah

Vermont YES 01/09-Minimum Wage
01/11-Minimum Wage
01/12-Minimum Wage
Virginia
07/09-Earned Income Credit
Washington YES 01/09-Minimum Wage
01/11-Minimum Wage
01/12-Minimum Wage
West Virginia

07/08-Unemployment Insurance
01/11-Unemployment Insurance

Wisconsin

08/10-Fair Employment Law

Wyoming
02/10 - Minimum Wage posting
02/10 - Employee Notice posting
*Only applicable to certain business types, such as: property managers and real estate.
To ensure your compliance with state and federal regulations, please visit us at 2012 Labor Law Posters Laminated