DOL Plans To Unveil Overtime Rule In October

The U.S. DOL plans to propose a rule in October that would overhaul certain workers’ entitlement to overtime pay, the agency said, pushing back the expected date for the rulemaking (a Notice of Proposed Rulemaking (“NPRM”) on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees.”) It is expected that the US DOL will propose a change to the rule on the minimum salary for exempt status (currently $684 per week or $35,568 per year).

Is the Federal Contractor Vaccination Mandate Dead?

Twenty states have asked the Fifth Circuit to uphold a lower court decision to block the Biden administration’s widely challenged COVID-19 vaccine mandate for federal contractors, saying the mandate exceeded the White House’s authority under a federal procurement act. So, the game remains afoot!

DOL might rule on use of crypto in 401(k)s

Labor Secretary Marty Walsh has told Congress the US DOL might move toward a ruling on use of cryptocurrencies in 401(k) plans. The department had advised that “extreme care” be taken in crypto adoption, while Ali Khawar, acting assistant secretary of employee benefits, had expressed “grave concerns,” after Fidelity Investments had said employers using its platform could include bitcoin in 401(k)s, with an allocation of as much as 20%.

5th Circuit: No WARN Act exemption for pandemic

The US Court of Appeals for the 5th Circuit has overturned a lower court ruling that the coronavirus pandemic amounted to a natural disaster under the Worker Adjustment and Retraining Act (WARN Act). The 5th Circuit held that a hydraulic fracturing company’s layoffs in March 2020 were not exempt from the WARN Act, which mandates that companies provide 60 days’ notice to workers being laid off.

CT FMLA Leave Notice Due July 1st

On January 1, 2020 the CT FMLA took effect for all private employers with at least one employee in CT.

Beginning July 1, 2022, employers must provide notice to employees regarding:

  1. Entitlement to Connecticut FMLA and how it can be used;
  2. The right to file for compensation with the Connecticut Paid Leave Authority;
  3. No retaliation for interfering with or denying rights under the Connecticut FMLA; and
  4. Rights to file a complaint.

Mid-Year Minimum Wage Hikes

Effective July 1, 2022

StateJurisdiction/Minimum WageMinimum Cash Wage
(Tipped Employees)
CaliforniaBerkeley
$16.32 (current)
$16.99 (effective July 1, 2022) Emeryville
$17.13 (current)
$17.68 (effective July 1, 2022) Los Angeles (City)
$15.00 (current)
$16.04 (effective July 1, 2022) Los Angeles (County – unincorporated)
$15.00 (current)
$15.96 (effective July 1, 2022) Malibu
$15.00 (current)
$15.96 (effective July 1, 2022) Pasadena
$15.00 (current)
$16.11 (effective July 1, 2022) San Francisco
$16.32 (current)
$16.99 (effective July 1, 2022) Santa Monica
$15.00 (current)
$15.96 (effective July 1, 2022) West Hollywood
Employers with 50 or more employees:
$15.50 (current)
$16.50 (effective July 1, 2022) Employers with 49 or fewer employees:
$15.00 (current)
$16.00 (effective July 1, 2022) Hotel employers (as defined):
$17.64 (current)
$18.35 (effective July 1, 2022)
Tip credit not allowed in California.
ConnecticutStatewide
$13.00 (current)
$14.00 (effective July 1, 2022)
Statewide
Tipped service employees other than bartenders:
$6.38 (current) (set cash wage amount) Bartenders:
$8.23 (current) (set cash wage amount)
District of ColumbiaDistrictwide
$15.20 (current)
$16.10 (effective July 1, 2022)
Districtwide
$5.05 (current)
$5.35 (effective July 1, 2022)
IllinoisChicago
Employers with 21 or more total employees:
$15.00 (current)
$15.40 (effective July 1, 2022) Employers with 4-20 total employees:
$14.00 (current)
$14.50 (effective July 1, 2022) Cook County
$13.00 (current)
$13.35 (effective July 1, 2022)
Chicago
Employers with 21 or more total employees:
$9.00 (current)
$9.24 (effective July 1, 2022) Employers with 4-20 total employees:
$8.40 (current)
$8.70 (effective July 1, 2022) Cook County
$6.30 (current)
$7.40 (effective July 1, 2022)
MarylandMontgomery County
Employers with 51 or more employees:
$15.00 (current)
$15.65 (effective July 1, 2022) Employers with 11-50 employees:
$14.00 (current)
$14.50 (effective July 1, 2022) Employers with 10 or fewer employees:
$13.50 (current)
$14.00 (effective July 1, 2022)
Montgomery County
$4.00 (current) (no change)
MinnesotaMinneapolis
Large employers
(more than 100 total employees):
$14.25 (current)
$15.00 (effective July 1, 2022) Small employers
(100 or fewer total employees):
$12.50 (current)
$13.50 (effective July 1, 2022) Saint Paul
Macro businesses
(10,001 or more total employees):
$12.50 (current)
$15.00 (effective July 1, 2022) Large businesses
(101–10,000 total employees):
$12.50 (current)
$13.50 (effective July 1, 2022) Small businesses
(6–100 total employees):
$11.00 (current)
$12.00 (effective July 1, 2022) Micro businesses
(5 or fewer employees):
$10.00 (current)
$10.75 (effective July 1, 2022)
Tip credit not allowed in Minnesota.
NevadaStatewide
Employers offering qualified health insurance benefits:
$8.75 (current)
$9.50 (effective July 1, 2022) Employers that do not offer qualified health insurance benefits:
$9.75 (current)
$10.50 (effective July 1, 2022)
Tip credit not allowed in Nevada.
OregonStandard statewide rate:
$12.75 (current)
$13.50 (effective July 1, 2022) Portland metro employers
(i.e., employers located within the “urban growth boundary of a metropolitan service district”):
$14.00 (current)
$14.75 (effective July 1, 2022) Employers in nonurban counties (as defined by the law):
$12.00 (current)
$12.50 (effective July 1, 2022)

Written by: Gordon M. Berger, Partner 

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