Most of the attention with the recently-released Fair Labor Standards Act (FLSA) final rule for “white collar” overtime exemption focused on the change in the salary threshold for positions related to administrative, professional and executive exemptions. But what about the other FLSA job categories, such as salespeople or computer professionals, to name a few? Does the new salary threshold apply to those groups as well? While these positions may be exempt from the FLSA minimum wage and overtime rules under other distinct exemptions, they are...

POSTED BY ADMIN ON MAY 27, 2016 IN DOL, HR BENEFIT ADVISORS BLOG, THE BLOG, UBA SURVEYS | COMMENTS OFF ON SAME-SEX MARRIAGES AND GROUP HEALTH BENEFITS

What is Essential? The Madness of Maintaining Job Descriptions Under the DOL

DOL Issues 31st FAQ on ACA Implementation


No two Department of Labor (DOL) audits are the same, yet there are typical questions asked and documents requested. See our recent blog on the Seven Common Mistakes That Could Trigger a DOL Audit. If you are audited, it’s recommended that questions received be sorted and color-coded based on what the question references (for example, third-party administrator, client answered, etc.). In addition, keep a log of each request and the document(s) provided in response to that request. A separate file folder for each request will help organize...



On December 1, 2016, the Department of Labor (DOL) will implement changes raising the minimum compensation for exempt employees to $47,476 annually. While salary is just half of a two-part equation that includes a duties test of essential job functions, scrutiny is under way to analyze compensation and find solutions to avoid conflict with the new rule. Many employers are asking: Why not just have all employees work 40 hours and get approval for overtime? The statutory definition of “employ” is “to suffer or permit to work.” The phrase...

POSTED BY ADMIN ON AUG 18, 2016 IN DOL, HR BENEFIT ADVISORS BLOG, INDUSTRY NEWS,THE BLOG | COMMENTS OFF ON SALARY CONSIDERATIONS UNDER THE NEW DOL STANDARDS

POSTED BY ADMIN ON MAY 17, 2016 IN ACA, COMPLIANCE NEWS, DOL, HR BENEFIT ADVISORS BLOG, THE BLOG | COMMENTS OFF ON DOL ISSUES 31ST FAQ ON ACA IMPLEMENTATION

POSTED BY ADMIN ON JUN 3, 2016 IN COMPLIANCE ALERTS, COMPLIANCE NEWS, DOL, HR BENEFIT ADVISORS BLOG, INDUSTRY NEWS, THE BLOG | COMMENTS OFF ON DOES THE FLSA FINAL RULE APPLY TO ALL OVERTIME EXEMPTIONS?

POSTED BY ADMIN ON MAY 19, 2016 IN COMPLIANCE ALERTS, COMPLIANCE NEWS, DOL, HR BENEFIT ADVISORS BLOG, HR ELEMENTS NEWS, THE BLOG | COMMENTS OFF ON DOL RELEASES THE NEW FLSA WHITE COLLAR OVERTIME EXEMPTION RULES

DOL Releases the New FLSA White Collar Overtime Exemption Rules



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Your new position just got approved and, finally, that mission-critical headcount addition is green-lighted. Celebration ensues until the actual work of finding the ideal candidate begins. The first step is to get a job description. In some cases, a perfectly vetted position analysis and description may exist, one that captures the particulars and purpose of the job. For those not fortunate enough to have a compensation professional providing such information, the search to find the right words to describe the work begins. So launches the...

Salary Considerations under the New DOL Standards

POSTED BY ADMIN ON AUG 12, 2016 IN COMPLIANCE NEWS, DOL, EMPLOYER NEWS, HR BENEFIT ADVISORS BLOG, HR ELEMENTS NEWS, INDUSTRY NEWS, THE BLOG, UBA NEWS |COMMENTS OFF ON WHAT IS ESSENTIAL? THE MADNESS OF MAINTAINING JOB DESCRIPTIONS UNDER THE DOL

On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of a final rule amending the white collar overtime exemptions to the Fair Labor Standards Act (FLSA). The final rule, which will be published in the Federal Register on May 23, 2016, increases the threshold salary for the exemption to $913 per week ($47,476 per year), the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region (currently the South). The new rule also increases the total annual...

POSTED BY ADMIN ON APR 21, 2016 IN DOL, HR BENEFIT ADVISORS BLOG, INDUSTRY NEWS,THE BLOG, UBA NEWS | COMMENTS OFF ON WHAT THE DOL WANTS DURING AN AUDIT | NEW YORK BENEFIT ADVISORS

The U.S. Department of Labor (DOL) has issued its 31st FAQ on the implementation of the Patient Protection and Affordable Care Act (ACA), dedicated to coverage of preventive services, rescissions of coverage, out-of-network emergency services, clinical trial coverage, cost-sharing limitations, the Mental Health Parity Act, and the Women’s Health and Cancer Rights Act. Some highlights are provided below. Preventive Services The ACA requires health plans to offer evidence-based services with a rating of A or B in the current...


DOL


Same-Sex Marriages and Group Health Benefits

From 2013 to 2015, a series of Supreme Court cases and government updates have changed the landscape of the way employers must consider same-sex spouses in relation to employee benefits. Most recently, in June 2015, the Supreme Court ruled in Obergefell v. Hodges, that the 14th Amendment requires a state to license a marriage between two people of the same sex, and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state. Prior to the Supreme Court’s decision in...


What the DOL Wants During an Audit | New York Benefit Advisors


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Does the FLSA Final Rule Apply to All Overtime Exemptions?