Ask the Experts: How to Calculate Minimum Wage

Question: Is minimum wage calculated on hours worked or hours worked plus performance-based earnings, thus subject to change each pay period? For instance, a nonexempt employee is paid $320 for 40 hours worked with $60 added for performance goals, totaling $380. Which amount is used to determine the employee’s minimum wage; $320 or $380? The minimum wage in our …

OSHA Online Portal for Electronic Submission of Injury and Illness Reports Opens August 1

On August 1, 2017, Occupational Safety and Health Administration’s (OSHA) injury tracking application (ITA) portal will be available to employers. The portal allows employers to electronically report information about workplace injuries and illnesses. Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, as well as employers with 20 – 249 employees …

Federal Employment Law Update – July 2017

USCIS Revises Form I-9 On July 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9 (version 7/17/17 N). Employers have a 60-day grace period and may begin using the updated form (Rev. 07/17/17 N) immediately or continue using the previous Form I-9 (Rev. 11/14/2016 N) until September 17, 2017. However, effective …

California Employment Law Update – July 2017

Unemployment Insurance On July 24, 2017, California Governor Jerry Brown signed legislation (A.B. 1695) repealing the law that permitted employers of domestic service workers to file reports of wages by telephone. The law also makes it a violation for any business entity to procure counsel advice, or coerce anyone to willfully make a false statement or representation, or to …

Hawaii Employment Law Update – July 2017

Workers’ Compensation Medical Examination On July 11, 2017, Hawaii Governor David Ige signed legislation (S.B. 859) granting an employee the right to have a chaperone present during an independent medical examination relating to a work injury for workers’ compensation purposes and, with the approval of the examining physician or surgeon, to use a recording device during the medical examination. …

Maine Employment Law Update – July 2017

Child Labor Law Poster Updated The Maine Department of Labor updated its Child Labor Laws poster with the following content changes: New protections for minors under age 18. Minors ages 14 and 15 are prohibited from working in hazardous occupations. All minors under age 16 must have a work permit. Revision date of July 2017. Employers are required to …

Maryland Employment Law Update – July 2017

Unemployment Compensation Eligibility During Closure On April 18, 2017, Maryland Governor Larry Hogan signed legislation (S.B. 17) authorizing the Maryland Secretary of Labor, Licensing and Regulation to exempt an employee from being required to actively seek work to be eligible for unemployment benefits when his or her employer closes its entire plant or business operations (in part or entirely) …

Nevada Employment Law Update – July 2017

Pregnant Workers’ Fairness Act Notice Released The Nevada Equal Rights Commission issued an official notice for the Nevada Pregnant Workers’ Fairness Act. Under the act, employers with at least 15 employees must: Post the notice in the workplace in a conspicuous area that is accessible to employees. Provide the notice to all new employees at the start of employment. …

New Jersey Employment Law Update – July 2017

Government Agency Employees Background Checks On July 21, 2017, New Jersey Governor Chris Christie signed legislation (A.B. 4994) requiring certain state and local government agency employees with access to federal tax information to undergo criminal history background checks. The law became effective July 21, 2017. Read NJ A.B. 4994 Temporary Disability and Family Leave Insurance On July 21, 2017, …