Federal Employment Law Update – September 2018

Delaware Employment Law Update – September 2018
September 10, 2018
Sexual Harassment Training Laws: What New York Employers Need to Know Now
September 10, 2018

Minimum Wage for Federal Contractors Increases in 2019

On September 4, 2018, the Wage and Hour Division of the U.S. Department of Labor published notice in the Federal Register of the following:

  • The Executive Order 13658 (Establishing a Minimum Wage for Contractors) minimum wage rate that must be paid to workers performing work on or in connection with covered contracts increases to $10.60 per hour.
  • The required minimum cash wage that must be paid to tipped employees performing work on or in connection with covered contracts increases to $7.40 per hour.

These rates are effective January 1, 2019.

See the notice

FMLA Forms with 2021 Expiration Date

Over the Labor Day weekend, the DOL released the following Family and Medical Leave Act (FMLA) notices and certification forms with an expiration date of August 31, 2021:

The expiration date is the only change from the forms released in August 2018.

See all the forms

DOL Releases New Opinion Letters

On August 28, 2018, the U.S. Department of Labor (DOL) released opinion letters on the following subjects:

  • Family and Medical Leave Act (FMLA):
    • Whether organ donation is a serious health condition (FMLA 2018-2-A).
    • “No-fault” attendance policies and attendance points (FMLA 2018-1-A).
  • Fair Labor Standards Act (FLSA):
    • Application of 29 U.S.C. § 13(b)(27) motion picture theater exemption to an establishment that is both a theater and restaurant (FLSA 2018-23).
    • Compensability of frequent rest breaks required by a serious health condition (FLSA 2018-19).
    • Compensability of time spent attending employer-sponsored benefits fairs (FLSA 2018-20).
    • Retail or service establishment and the 29 U.S.C. § 7(i) exemption (FLSA 2018-21).
    • Volunteer status of nonprofit members serving as global credentialing examiners (FLSA 2018-22).

Opinion letters provide a clearer understanding of FLSA and FMLA compliance and may be relied upon as a good faith defense to wage claims arising under the FLSA but not the FMLA.

See all opinion letters

Leave a Reply

Your email address will not be published. Required fields are marked *

%d bloggers like this: