Archive Monthly Archives: October 2019

NSC Releases Position On Cannabis Impairment

NSC Releases Position On Cannabis Impairment

On October 22, 2019, the National Safety Council (NSC) released a position/policy statement addressing cannabis impairment in safety sensitive positions and the NSC position that it is unsafe to be under the influence of cannabis while working in a safety sensitive position due to the increased risk of injury or death to the operator and others. Moreover, the NSC believes there is no level of cannabis use that is safe or acceptable for employees who work in safety sensitive positions.

The NSC is “a nonprofit organization with the mission of eliminating preventable deaths at work . . . through leadership, research, education and advocacy.”

Does your company policy adequately address cannabis use in the workplace? Contact the Congruity team of professionals for more information at: 844.247.4100

NSC Releases Position On Cannabis Impairment
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White Collar Overtime Ruling

On September 24, 2019, the U.S. Department of Labor announced a final rule regarding overtime pay. The ruling updates the earnings thresholds necessary to exempt executive, administrative, and professional employees from the Fair Labor Standards Act’s minimum wage and overtime pay requirements, and also allows employers to count a portion of certain bonuses/commissions toward meeting the salary level.

In the final rule:

  • The “standard salary level” increases from $455 per week to $684 per week (equivalent to $35,568 per year for a full-year worker);
  • The total annual compensation requirement for “highly compensated employees” increases from $100,000 per year to $107,432 per year;
  • Employers may use nondiscretionary bonuses and incentive payments (including commissions) paid at least annually to satisfy up to 10 percent of the standard salary level; and
  • The special salary levels for workers in U.S. territories and the motion picture industry was revised.

The final rule is effective on January 1, 2020. For more information, contact the Congruity team of professionals at: 844.247.4100.

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September Congruity Q&A: Overtime & FLSA

Question:

Should we include holidays, PTO, vacation, or other leave taken during the workweek in calculating overtime premium pay under FLSA rules?

Answer:

Because holiday, PTO, and vacation hours are not actually hours worked they do not count towards overtime pay.

Under the Fair Labor Standards Act (FLSA), an employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Unless specifically exempted, employees covered by the FLSA must receive overtime pay for hours worked in excess

of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The key consideration for premium pay under the FLSA is whether or not the employee actually works more than 40 hours in the workweek, not just that he or she is paid for more than 40 hours in the workweek.

For example, an employee is off work for one day for a company-paid holiday and takes the next day as a paid vacation day. He then works 10 hours for the next three days of the workweek. Under the FLSA, he would be paid straight time at his regular rate for the 46 hours recorded for that week as follows: 8 hours of holiday pay + 8 hours of vacation pay + 30 hours of regular pay for time worked = 46 hours at his regular pay rate. Employers should also check state laws for overtime requirements regarding holiday and vacation time. Some states have more employee-generous overtime laws requiring premium pay for time worked; review overtime pay laws for your state; or contact the Congruity team of professionals at: 844.247.4100.