Michigan Employers: New Paid Sick Leave Law

Michigan has recently joined other states in passing legislature that would require employers to provide paid sick leave to all employees beginning in March 2019.

The paid sick leave law and the new minimum wage law (read more about that here!) were passed with the intention of amending them after the general election in November 2018.  Both were to appear on the ballot this November but now will not as they have already been signed into law. By passing them as laws prior to the hammer-485712_1920election, Congress is now only required a majority vote to amend the laws rather than a vote of three fourths if the initiatives had been passed on the ballots in November.

As the law stands in September 2018 (subject to any future amendments), all employers in Michigan would be required to provide paid sick leave to all employees (full time, part time, temporary, etc). Employees must accrue 1 hour of paid sick leave for every 30 hours of work performed. Continue reading

Minimum Wage to Increase for Michigan Employees

The state of Michigan has recently passed a law that will gradually increase the minimum wage for non-exempt employees to $12.00 per hour by January 1, 2022.  The state minimum wage applies to all Michigan employers with two or more employees who are 16 years of age or older.

In the past, Michigan has allowed employers to pay tipped employees 38% of the minimum wage, but that percentage will gradually increase to 80% of the minimum wage by January 1, 2022.  Continue reading

Semi-Monthly Payrolls: Calculating Overtime Owed

Federal law requires that all non-exempt employees are paid at a rate of one and one half times their regular rate of pay for all hours worked over 40 in a workweek. This is pretty straightforward to figure out when a payroll is processed on a weekly or biweekly schedule because the number of days in the pay period remain the same. But for employers who pay their employees semi-monthly (i.e., the 1st and the 15th of the month) the number of work days fluctuate from one pay period to the next depending on the way the calendar falls.  Continue reading

Employee Paid Time Off Donation Program

Let’s discuss a situation that’s somewhat common among employers.  You have an employee, Sharon, who has used all of her allowed paid time off (vacation, personal, sick, etc.) for the year. Sharon’s mother falls ill with a serious medical condition and Sharon needs to take additional time off work to help care for her mother, but she doesn’t have any paid time off available. Sharon’s coworker, Kim, has a lot of accrued paid time off with no vacation plans so she asks you if she can donate some of her available paid time off balance to Sharon to be able to use during her absence so that Sharon doesn’t have to take unpaid time off work to care for her mother. Can you allow Kim to donate her paid time off to Sharon?

You can. But it’s not that simple.

Continue reading

New Oregon Employee Transit tax

Oregon employers must begin withholding a new statewide transit tax beginning July 1, 2018. There is no employer paid portion of the new transit tax; it is paid entirely by individual employees through payroll withholding. The tax must be withheld from wages of Oregon residents (regardless of where the work is performed) and wages of nonresidents of Oregon who perform services in Oregon.  Continue reading

When Can You Deduct from an Exempt Employee’s Pay?

The Fair Labor Standards Act (FLSA) requires that all employees be paid at least minimum wage for all hours worked as well as pay of at least one and one half times their regular rate of pay for all overtime hours worked over 40 hours in a workweOLYMPUS DIGITAL CAMERAek. Employees who are classified as exempt are not subject to these minimum wage or overtime requirements.

In order to be classified as exempt, the employee must be paid on a salary basis of at least $455 per week. In addition, the employee’s work must meet certain duties tests as established by the Department of Labor (DOL). You can read more about this here.

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Should We Be Paying Our Interns?

The Department of Labor (DOL) has recently released a statement adopting a “primary beneficiary” test to be used when determining whether an intern for a for-profit employer should be classified as an employee under the federal Fair Labor Standards Act (FLSA).  Continue reading