2016 FLSA Changes: Are You Prepared?

On May 18, 2016 President Obama and Secretary Perez announced the publication of the Department of Labor’s final rule updating the current overtime regulations, which will automatically extend overtime pay protections to approximately 4 million workers. While many employers had awaited this final ruling after President Obama signed a Presidential Memorandum back in 2014 directing the DOL to update the existing regulations, many are still scrambling to make sense of what the final rule means for their employees and their business.

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The key provisions of the final rule are as follows:

  • Determines the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region at $913 per week or $47,476 annually for an employee who works all year.
  • Sets the total annual compensation requirement for highly compensated employees (referred to as HCE) subject to a minimal duties test and to the annual equivalent of the 90th percentile of full time salaried workers nationally at $134,004.
  • Establishes a mechanism for automatically updating the salary and compensation levels every 3 years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

The final rule also amends the salary basis test to allow employers to use discretionary bonuses and incentives to satisfy up to 10 percent of the new standard salary level. These changes take effect on December 1, 2016, leaving many employers to make determinations on how to handle their current staff who may be effected by the changes in standard salary level which previously was set at $23,660 annually.

Employers are building plans to accommodate the potential increases in overtime costs and base salaries, the re-classification of employees, changes in timekeeping, and any additional business ramifications. If you have not addressed these changes for your organization, The Department of Labor offers additional information at www.wagehour.dol.gov or by calling 1-866-4-USWAGE.

Are you a stand out professional, technical professional, driver, or skilled worker seeking contingent, temporary, or long term career opportunities?  Visit our job board  for more information!  Want to learn more about how you can gain access to Trillium’s national network of professionals and skilled workers? Contact us today!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 22,000 companies nationwide. Trillium is privately owned by Oskar René Poch.



OSHA's Revised HCS In Effect!

With the first compliance date effective December 1, 2013; the revised HCS is now in enforcement. What does this mean for employers? Employers are required to have their employees trained on the new label elements and the SDS format. This deadline is the first phase in the new compliance set forth when OSHA revised its Hazard Communication Standard to align with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals or GHS.

This revision includes two major changes; being the required use of new labeling elements and a standardized format for Safety Data Sheets replacing Material Safety Data Sheets. These changes were set forth to improve worker understanding of the hazards associated with the chemicals present in their workplace. OSHA has phased the new requirements in from December 2013 through June 2016.

The minimum required training topics to be completed by December 1, 2013 according to OSHA’s website include:

Training on label elements including information on:

  • Type of information the employee would expect to see on the new labels, including the
  1. Product identifier: how the hazardous chemical is identified. This can be (but is not limited to) the chemical name, code number or batch number. The manufacturer, importer or distributor can decide the appropriate product identifier. The same product identifier must be both on the label and in Section 1 of the SDS (Identification).
  2. Signal word: used to indicate the relative level of severity of hazard and alert the
    reader to a potential hazard on the label. There are only two signal words, “Danger” and “Warning.” Within a specific hazard class, “Danger” is used for the more severe
    hazards and “Warning” is used for the less severe hazards. There will only be one
    signal word on the label no matter how many hazards a chemical may have. If one
    of the hazards warrants a “Danger” signal word and another warrants the signal word
    “Warning,” then only “Danger” should appear on the label.
  3. Pictogram: OSHA’s required pictograms must be in the shape of a square set at a
    point and include a black hazard symbol on a white background with a red frame
    sufficiently wide enough to be clearly visible. A square red frame set at a point
    without a hazard symbol is not a pictogram and is not permitted on the label. OSHA
    has designated eight pictograms under this standard for application to a hazard
    category.  OSHA3491QuickCardPictogram
  4. Hazard statement(s): describe the nature of the hazard(s) of a chemical, including,
    where appropriate, the degree of hazard. For example: “Causes damage to kidneys
    through prolonged or repeated exposure when absorbed through the skin.” All of the applicable hazard statements must appear on the label. Hazard statements may
    be combined where appropriate to reduce redundancies and improve readability. The
    hazard statements are specific to the hazard classification categories, and chemical users should always see the same statement for the same hazards, no matter what the chemical is or who produces it.
  5. Precautionary statement(s): means a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical or improper storage or handling.
  6. Name, address and phone number of the chemical manufacturer, distributor, or importer.
  • How an employee might use the labels in the workplace. For example:
  1. Explain how information on the label can be used to ensure proper storage of hazardous chemicals.
  2. Explain how the information on the label might be used to quickly locate information
    on first aid when needed by employees or emergency personnel.
  • General understanding of how the elements work together on a label. For example:
  1. Explain that where a chemical has multiple hazards, different pictograms are used to
    identify the various hazards. The employee should expect to see the appropriate
    pictogram for the corresponding hazard class.
  2. Explain that when there are similar precautionary statements, the one providing
    the most protective information will be included on the label.

Training on the format of the SDS must include information on:

  •  Standardized 16-section format, including the type of information found in the various sections.
  1. For example, the employee should be instructed that with the new format, Section 8 (Exposure Controls/Personal Protection) will always contain information about
    exposure limits, engineering controls and ways to protect yourself, including personal protective equipment.
  • How the information on the label is related to the SDS.
  1. For example, explain that the precautionary statements would be the same on the label and on the SDS.

For more information on the revisions visit OSHA’s website here.

Want to learn more about how you can gain access to Trillium’s national network of top level talent? Contact us today!  If you are a stand out in your profession and seeking contingent or long term career opportunities, visit our job seekers section for more information!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 5,000 companies nationwide. Trillium is privately owned by Oskar René Poch.