A quick rundown of the key segments of DOL’s 2016 to-do list
The delay of the new final overtime rules wasn’t the only announcement the DOL made recently.
In the fall edition of the agency’s Semiannual Regulatory Agenda, the DOL announced some of the major compliance and enforcement tasks it hopes to accomplish in the new year.
As we reported previously, the announcement that the release of the overtime rules would be delayed until at least July garnered the most attention from employers. And that announcement may have caused some of these things to fly under the radar:
3 key highlights
1. Electronic devices. The DOL is now shooting for February as the date in which it formally requests info from employers on how employees’ use of electronic devices affects work performed outside of regular office hours. If you remember, the feds initially planned on seeking this employer input by the end of August.
The proposed OT rules are a big part of why the feds are so interested in this info.
With more employees eligible for overtime under the new rules, the agency has heard concerns from employers about giving workers smartphones or allowing them to work remotely because time spent using those devices may count as “work-specific” time.
The Director of Labor Law Policy at the U.S. Chamber of Commerce Marc Freedman explained the concerns employers have about the risks associated with workers using electronic devices by saying:
“If you change the criteria for exemption so dramatically, one consequence will be the employers will no longer give employees smartphones and let them work remotely, because they’ll be on the clock.”
2. Required sick leave. Employers that use federal contractors should take note of the DOL’s plans here. The agency says it’ll release a rule by September requires federal contractors to provide employees with paid sick leave.
Like the new OT regs, this item is based on an executive order from President Obama.
3. “Persuader” rule. Almost five years after the Office of Labor-Management Standards proposed an expansion of the employer disclosure requirement regarding lawyers and other consultants that were hired to help combat organizing and collective bargaining activities, the DOL is finally ready to publish its final “persuader” rule by March of 2016.
Among other things, the final rule would require employers to file reports with the DOL when they hire consultants or contractors (including attorneys) to persuade employees on the issue of unions.
