Electronic H-2B Notifications Coming Soon. The Departments of Labor and Homeland Security issued a final rule modernizing the recruitment requirements under the H-2B program. Specifically, the Departments have eliminated the requirement for most employers to advertise their job opportunity in a print newspaper. In its place is DOL's own posting on its expanded and improved electronic job registry, SeasonalJobs.dol.gov. The final rule will be effective 30 days after official publication in the Federal Register.
New York Increases Minimum Wage and Exempt Salary Threshold. In an annual (since 2016) tradition, New York has announced increases to the state's minimum wage and exempt salary thresholds. Depending on location (and employer size), the minimum wage will increase to between $11.80 and $15.00, and the salary will increase to between $885.00 and $1,125.00 per week. The new amounts are effective on December 31, 2019. For additional information, see Seyfarth's Legal Update.
Nevada Issues Guidance on Paid Leave Law. The substance of Nevada's recently-enacted paid leave law is scheduled to take effect on January 1, 2020. Notably, the leave can be used for any reason. In anticipation of the effective date, the Nevada Labor Commissioner has released posters and various guidance to aid employers in compliance. For a full discussion, see Seyfarth's If Pain (or Anything Else), Yes Gain update.
Apprenticeships to Take Center Stage. The Trump Administration has made apprenticeship expansion one of its key policy initiatives. Next week, the House Higher Education and Workforce Investment Subcommittee will attempt to take a peek behind the curtain in a hearing titled "Examining the Policies and Priorities of the Labor Department's Apprenticeship Program." Witnesses for the hearing have not yet been announced.
EEO-1 Saga Continues. As earlier reported, the EEOC recently reopened, 84 Fed. Reg. 48138, the question of whether the new reporting requirements for Component 2 should be continued, reexamining the utility and the burden of the requirements and concluding: "At this point in time, the unproven utility to its enforcement program of the pay data as defined in the 2016 component 2 is far outweighed by the burden imposed on employers that must comply with the reporting obligation. Therefore, the EEOC is not seeking to renew component 2 of the EEO-1." On behalf of eight trade associations, Seyfarth submitted a response for the record on November 12, supporting EEOC's preliminary conclusions. Capitol Hill also weighed in, with letters from Reps Foxx and Comer and numerous senators. A hearing is scheduled for Nov. 20th.
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