Recent Updates

At the beginning of the year, we identified five compliance trends to watch in 2020. Then, the COVID-19 pandemic hit. While the pandemic has played a large role in the types of laws and regulations we've seen over the past few months, earlier trends are still relevant. Below are recent developments in four major employment areas: paid leave, discrimination, minimum wage, and overtime.

ADP Resource would like to remind you that Labor Day, Monday September 7, 2020 is a bank holiday. The Federal Reserve will be closed as will ADP’s offices.  Please see the following Labor Day Banking Guidelines for Payrolls with Pay Dates on or around September 7, 2020.

The U.S. Supreme Court has ruled 6-3 that federal law prohibits employers from discriminating against applicants and employees because they are gay or transgender.

The Occupational Safety and Health Administration (OSHA) has issued updated guidance on recording occupational illnesses related to COVID-19. The guidance took effect May 26, 2020 and remains in effect until further notice.

The DOL has issued a final rule that allows employers to offer bonuses or other incentive pay to employees who are paid overtime under the fluctuating workweek method of the Fair Labor Standards Act (FLSA). The final rule takes effect August 7, 2020.

To lower costs and avoid layoffs during difficult times, employers may consider reducing employees' regular work hours. Among other things, a reduction in hours can affect wage and hour law compliance, eligibility for unemployment and benefits, loan forgiveness under the Paycheck Protection Program (PPP), and employee morale. For those reasons, it's important to carefully consider a number of factors before reducing employees' hours.

The Department of Homeland Security (DHS) has issued a temporary policy regarding expired documents used for Form I-9 purposes. The Form I-9 is used to verify a new hire's identity and work authorization.

The U.S. Department of Labor (DOL) has issued a final rule for determining whether employers qualify as "retail or service" establishments for purposes of an overtime exemption for commission-based employees. The final rule takes effect immediately.