As Hospitality employers focus on staying competitive in saturated markets, they are increasing being forced to place their focus on 3 hot button employment issues for the remainder of 2016:
First, DOL’s New White-Collar Exemption Rule
On May 18, 2016, the U.S. Department of Labor (“DOL”) announced the publication of a final rule that amends the “white collar” overtime exemptions by making a 100% increase in the salary threshold to $47,476. The final rule is effective December 1, 2016.
· identify managers currently treated as exempt who will not meet the new salary threshold;
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published its electronic recordkeeping final rule which creates numerous new recordkeeping obligations and additional administrative burdens for hospitality employers. OSHA will then attempt to remove identifying information from the electronic records submitted and publish them on a searchable database; many think to shame employers. There are also several new anti-retaliation provisions that specifically address post-accident drug testing restrictions. Effective date: August 10, 2016
· By August, 2016, train employees on the requirements of the final rule and ensure that employees understand that they will not be retaliated against for reporting work-related injuries and illnesses and are, in fact, encouraged to report them;
· Update your Drug Free Workplace Policy on post-accident testing in line with the guidance so your testing will not be considered retaliatory.
· Comply with federal law as interpreted by the EEOC and create policies regarding transgender employees’ use of restroom facilities (including following OSHA’s guidance providing numerous restroom options, such as single-occupancy gender-neutral (unisex) facilities), and the use of multiple-occupant, gender-neutral restroom facilities with lockable single occupant stalls; and