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What's New with HR Requirements?

 

Overtime Rules: Where Are They Now?
In May 2016, the Department of Labor (DOL) released a Final Rule that would have increased the minimum salary required to be exempt from overtime under the Fair Labor Standards Act (FLSA). However, just before the rule was to take effect, a federal judge temporarily blocked the DOL from implementing the rule.

On June 30, 2017, the DOL submitted its last argument asking the Court to recognize that the DOL has the authority to set a new salary level. On July 26, 2017, the DOL published a Request for Information (RFI), seeking comments from the public about the overtime rules. After the comment period for the RFI ends on September 25, 2017, the DOL will consider the feedback to draft new proposed rules (a process that typically takes several months). You can review the RFI and submit comments here.

As of now, the 2016 Final Rule remains blocked and you should comply with current salary requirements. However, depending on the Court's ruling on the appeal, there is a possibility that the blocked rule could go into effect in the future, or the DOL could be given the authority to set a new salary level.

A handful of states are considering changes to their own overtime rules, including California. The state legislature is considering a bill that would raise the state's minimum salary requirement for exemption to $3,956 per month.

Continue to watch for developments and ensure that your exempt employees meet all applicable salary and duties tests. Click here for more information and updates on the federal rule.

USCIC Releases New I-9 Form

U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification. By September 18, 2017, employers must use only the new version. The new Form I-9 features a revision date of July 17, 2017. 

The following revisions have been made to the List of Acceptable Documents section of the new Form I-9:

• The Consular Report of Birth Abroad (Form FS-240) has been added to List C. Employers completing Form I-9 on a computer are now able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3.
• All the certifications of report of birth issued by the U.S. Department of State (Form FS-545, Form DS-1350, and Form FS-240) are now combined into selection C#2 in List C.
• All List C documents have been renumbered except the Social Security card. For example, the employment authorization document issued by the U.S. Department of Homeland Security on List C has changed from List C #8 to List C #7.

The new Form I-9 can be downloaded here.

Click here for more information on complying with the employment eligibility verification requirements.

National Center for Arts Research Staffing Report

The National Center for Arts Research put out a new Staffing Report. The report highlights the relationship between full-time arts staff and the number of people they serve. 

Key Findings
An average of 3,547 people attend for each full-time employee. That is the relationship between an overall average of 38,741 attendees and 11 full-time staff members annually.

The smaller the organization, the higher its Visitor-to-Staff Index. As organizations grow they add paid staff and become less reliant on volunteers. For many organizations this means increasing the reliability and skill-level of its labor force and the ability to expand programs and capacity to reach more people in the community.

Organizations need to balance the desire to serve more people with an adequate level of staff capacity to do so well and avoid employee burn-out.

What about Orchestras?

According to the Staffing Report, symphony orchestras are right on the average with an average of 30,768 attendees and 11 full-time staff members annually.

Orchestras, along with theaters, opera companies, and general performing arts centers, all attract quite similar levels of annual in-person attendance, but they do so with quite a range of full-time staff sizes, reflecting differences in operating models.