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Regulatory Roundup: More on OT, LGBT discrimination, and more

FLSA morale nightmare: Dealing with the “new non-exempt”
Robin Shea, Employment & Labor Insider

But isn’t becoming non-exempt a good thing? Because now these workers will get overtime whenever they work more than 40 hours in a week?
Yes, they will be eligible for overtime, but that won’t not necessarily be viewed as a net “positive.” Studies have shown that many exempt employees who are reclassified to non-exempt view it as a negative change in status equivalent to a demotion. Some may have cuts in their rates of pay to allow the employer to pay overtime without paying more in real dollars. Some may be prohibited from working overtime — in other words, getting all the “penalty” (loss of status) and no reward (overtime pay). Some may lose their flexibility in hours, or their ability to work from home. In addition, the obligation to track their time will be viewed by them (as well as their employers) as a new administrative headache.
In short, the mass reclassification that will have to take effect by December 1 has the makings for an employee morale nightmare.

What the OT Regs Mean
Susan R. Meisinger, HRE Online

The new rules serve as an opportunity to revisit your current policies governing where and when work gets done, and to assess the tools you have available or will require to track hours of work. How will the policies effect a previously exempt worker who worked odd hours and often from home? Will they still be allowed to do so once they are classified as hourly? What will your policy be regarding recording and/or verifying the hours worked? Will managers who now supervise hourly workers, not exempt workers, be required to adjust their own hours to monitor when the work gets done?

More on Overtime

 

Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position
Erin Jones Adams, JDSupra Business Advisor

As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning treatment of LGBT individuals as a protected class under Title VII of the Civil Rights Act. Last month, the EEOC issued What You Should Know About EEOC and the Enforcement Protections for LGBT Workers (the “Guidance”).
This Guidance clearly establishes the EEOC views claims relating to an employee’s identification as LGBT as potential discrimination pursuant to Title VII, which applies to most employers regardless of any state or local laws. Since only 2013, the EEOC’s guidance claims the Commission has obtained more than $6 million in monetary relief for members of the LGBT community in resolution of sex discrimination claims. And the number of claims is growing. Last fiscal year, the EEOC received more than 1,400 charges that included allegations of sex discrimination related to sexual orientation and/or gender identity/transgender status – a 28 percent increase from the prior year.

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