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On January 10, 2024, the U.S. Department of Labor (DOL) released a final rule, effective March 11, 2024, that revises their prior guidance on how employers should analyze whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
This analysis includes the following factors: opportunity for profit or loss depending on managerial skill, investments by the worker and the potential employer, the degree of permanence of the work relationship, the nature and degree of control, the extent to which the work performed is an integral part of the potential employer's business, and skill and initiative.
Employers can read more on the final rule and analysis here. Employers should seek legal counsel if they have any questions regarding their classification of workers.Read More
On December 4, 2023, the Federal Acquisition Regulatory Counsel (FAR) submitted a “Pay Equity and Transparency in Federal Contracting” proposal to the Office of Management and Budget (OMB) for approval.
On January 11, 2024, the OMB approved this proposal and the FAR subsequently released the Notice of Proposed Rulemaking (NPRM).
The proposed rule would generally prohibit contractors and subcontractors from inquiring about salary history for job applicants working on or in connection with a government contract. It would also require contractors and subcontractors to disclose the compensation and benefits in job postings involving work on or in connection with a government contract.
Employers should remain close to updates as the proposed rule goes through the final review process.Read More
The new year will bring changes to minimum wage and exempt employee salary requirements in many jurisdictions. Employers are encouraged to review employee compensation to ensure compliance with these annual changes.Read More
On October 31, 2023, the Equal Employment Opportunity Commission (EEOC) announced that the 2022 EEO-1 Component 1 data collection opens for mandatory filing for private sector companies with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria. The deadline to file is December 5, 2023.
For Multi-Establishment Employers: An employer with more than one establishment will need to file a Consolidated Report, a Headquarters Report, and Establishment-Level Report(s). The Establishment-Level Reports replace the Type 4, and Type 8 reports. Justworks will continue to reach out to customers who may be impacted to provide resources to help with report submission.Read More
As previously covered, effective August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 to verify identity and employment authorization.
The new version of Form I-9 will be available for Justworks customers to use by October 31, 2023. All employers must use the new form to verify employment authorization beginning November 1, 2023.Read More
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