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Workplace Compliance News & Resources

Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.

We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.

Wherever available, KPA products are updated with the latest government notices and posters for employers.

Breaking News

Latest Federal Workplace Compliance News

Who: All employers

When: Effective March 11, 2024

The U.S. Department of Labor (DOL) published a final rule—”Employee or Independent Contractor Classification Under the Fair Labor Standards Act”—on January 9, 2024. The final rule goes into effect on March 11, 2024, and replaces the 2021 Independent Contractor Rule.

The new rule explains how employers must determine if a worker is an employee or an independent contractor. Classifying workers correctly ensures employers pay the correct minimum wage and follow overtime rules properly. The DOL stated that the final rule will help protect the most vulnerable workers from misclassification as independent contractors.

The new rule restores the requirement to analyze multiple factors and consider the totality of the circumstances when classifying a worker. The factors include:

  1. The worker’s opportunity for profit or loss;
  2. The amount of investment a worker has invested as compared to the employer;
  3. The degree of permanence of the work relationship between employee and employer;
  4. The extent and nature of control the employer has over the person’s work;
  5. Whether the work is critical, necessary, or central to the business; and
  6. Whether the worker uses specialized skills that are indicative of business-like initiative.

The new rule allows for the analysis of additional factors if they are “relevant to the overall questions of economic independence.” The new rule also clarifies that when an employer controls the person’s work to comply with specific legal requirements, it does not necessarily indicate that the person should be classified as an employee.

Employers must be aware of other state or local laws that affect employee classification.

How:

  • Conduct an audit to assess your level of risk for misclassification.
  • Analyze your independent contractors’ work to determine if you need to reclassify them as employees.
  • Update your policies as needed.
  • Train managers on how to classify workers correctly.
  • Work with legal counsel as needed to ensure compliance with the rule.

Additional Resources:

Employee or Independent Contractor Classification under the Fair Labor Standards Act Final Rule

Final Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act, RIN 1235-AA43

Frequently Asked Questions – Final Rule: Employee or Independent Contractor Classification Under the FLSA

Who: All employers

When: Effective immediately

On January 16, 2024, the U.S. Department of Labor (DOL) published updated civil penalties for workplace safety violations. The DOL annually adjusts the penalties the Occupational Safety and Health Administration (OSHA) may assess so that the penalties keep pace with inflation as measured by the Consumer Price Index for All Urban Consumers.

Each type of violation has a corresponding minimum and maximum penalty. The maximum penalty for willful or repeated violations increased to $161,323. The maximum penalty for serious and other-than-serious violations, violations of posting requirements, and failure-to-abate violations increased to $16,131.

Penalties may differ for employers that do business in states where the state OSHA enforces the Occupational Safety and Health Act.

How:

  • Review the 2024 OSHA penalties.

Additional Resources:

Final Rule

2024 Annual Adjustments to OSHA Civil Penalties

OSHA Penalties

State Plans

2024 Minimum Wage Updates

KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.

Check out the latest minimum wage changes for 2024, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.

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Resources for Success

OSHA Reporting Resource Hub

If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.

We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.

Check is out

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