Skip to Page Content

Legislative Updates

    Maryland Legislation

    The Healthy Working Families Act did pass out of the Senate on April 3rd.  However, Governer Hogan vetoed the bill. Thanks to everyone who supported MDSHRM and wrote to the governor to oppose the bill.

    Please take a moment to thank Governor Hogan by going to this link:

     http://bit.ly/2qJvgp0

    Federal News:

    FLSA

    Changes from December are still on hold under the injunction

    The DOL submitted a “request for information” on the overtime rule on July 26. An RFI is a tool typically used by the DOL to seek public input on new rules or changes to existing rules.  Among other issues, the DOL is requesting input on whether:

    • The $455 per week threshold should be increased based on the rate of inflation
    • Salary thresholds should be set based on state, metropolitan area, or the size of the employer.
    • Different salary threshold should be set for the executive, administrative, and professional employee exemptions.
    • Salary threshold and the highly compensated employee total annual compensation level should be automatically updated on a periodic basis.

    Employers have through September 25, 2017 to submit comments to the DOL regarding its RFI at www.regulations.gov, using the Regulatory Information Number (RIN) 1235-AA20.

    Immigration Reform

    • The President has made a budget request seeking $15 million to expand the Federal E-Verify program on national level, perhaps requiring its use for all employers.
    • He requested to hire 10,000 more immigration and Customs Enforcement agents to assist with compliance.
    • He also directed a full review of the H-1B visa program as part of a continued push to clamp down on companies that hire foreign labor instead of American workers.
    • A new I-9 form was released and needs to be implemented no later than September 18, 2017.

    Health Care

    Both parties have indicated next steps may include bipartisan efforts to fix ACA. Specific plans and a timeline have not been discussed yet.

     

     

    FLSA “EAP” Regulations Still On Hold – On Tuesday, November 22nd a Texas judged issued preliminary injunction that applied nationwide and effectively put the Department of Labor’s overtime regulations on hold.  The US Department of Labor subsequently filed an appeal to that ruling and asked the court to refrain from considering whether a final injunction would be issued until their appeal was heard. On January 3, 2017 the court declined the DOL’s request. Stay tuned to what the new Administration may bring to this sequence of events.  This is at least the third DOL regulation that has recently been delayed (See Persuader Rule below and previous “Blacklisting Rule”).

    OSHA’s Recordkeeping Rule – After some delays the new rules have now taken effect.  Enforcement of the new anti-retaliation provisions took effect December 1, 2016.  The new electronic recordkeeping requirements took effect January 1, 2017.  For more information, click here

    EE0-1 Report – On September 29th the EEOC announced that the new pay data collection and reporting rule (new EEO-1 reporting requirements) will take effect March 31, 2018. Click here for more information.

    Persuader Rule – On November 16th a judge issued a final injunction blocking implementation of the DOL’s Persuader rule. The new rule originally took effect April 25, 2016. But on June 27th a nationwide preliminary injunction was issued putting implementation on hold. The injunction is now final.  Click here for more information.