People Processes: Compliance Update Applications, Min Wage, Tips, and Turnover.

Published: April 27, 2018, 6:30 p.m.

 
\nEmployment inquiries.\xa0A new law in Michigan prohibits local governments in the state from adopting ordinances that regulate the information a current or potential employer may request, require, or exclude on job applications or during the interview process. This includes local prohibitions on salary history inquiries, as well as local \u201cban-the-box\u201d requirements. Notably, the law does not bar criminal background check requirements in connection with the receipt of a license or permit from a local governmental body.
\nMinimum wages.\xa0Nevada\u2019s minimum wage is adjusted each year based on increases in the federal minimum wage or, if greater, the cumulative increase in the cost of living. According to the Office of the Labor Commission, the rates, effective July 1, 2018, will remain unchanged \u2014 $7.25 per hour with an offer of qualifying health benefits or $8.25 per hour without such an offer. The rate for daily overtime also stays the same because the minimum wage rate is not changing.
\nTipped workers.\xa0Under the\xa0Consolidated Appropriations Act, 2018,\xa0an employer may not keep tips received by employees for any purpose, including allowing managers or supervisors to keep any portion of employees\u2019 tips, regardless of whether or not the employer takes a tip credit. In response to the new law, the U.S. Department of Labor\u2019s Wage and Hour Division released\xa0Field Assistance Bulletin 2018-3,\xa0which clarifies its approach going forward \u2014 until new regulations are proposed \u2014 on tips and the tip credit. The bulletin confirms that employers that pay the full federal minimum wage may now allow nontraditionally tipped workers, such as cooks and dishwashers, to participate in tip pools. It also states that the agency will immediately begin using new enforcement tools to protect workers\u2019 tips \u2014 including by recovering all tips unlawfully kept by employers, and imposing liquidated damages and civil monetary penalties as appropriate.
\nSexual harassment.\xa0Companies are increasing their focus on sexual harassment policies and training due to the #MeToo movement, according to a recent XpertHR survey. Most employers (92 percent) have a formal sexual harassment policy, and over a third (38 percent) plan to update theirs this year. Overall, employers seem secure in their ability to combat and prevent sexual harassment. Sixty-eight percent of survey respondents believe their workplace culture is inclusive and provides equal opportunities for women, while 71 percent are confident that their employees feel safe to report sexual harassment.
\nLabor turnover rates, February 2018.\xa0The BLS defines the separation rate as the number of separations during the entire month as a percent of total employment. The following separation rates were reported for February 2018 for private industry and government. They are compared with the separation rates for February 2017.
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\nTotal nonfarm employment (private industry and government): 2.9 (2018); 2.8 (2017)
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\nTotal private employment: 3.2 (2018); 3.2 (2017)
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\nMining and logging: 4.1 (2018); 4.4 (2017)
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\nConstruction: 3.7 (2018); 4.3 (2017)
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\nManufacturing: 2.4 (2018); 1.9 (2017)
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\nTrade, transportation and public utilities: 3.1 (2018); 3.3 (2017)
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\nInformation: 2.8 (2018); 2.4 (2017)
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\nFinancial activities: 1.9 (2018); 1.8 (2017)
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\nProfessional and business services: 4.6 (2018); 4.4 (2017)
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\nEducation and health services: 2.2 (2018); 1.9 (2017)
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\nLeisure and hospitality: 4.9 (2018); 4.7 (2017)
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\nOther services: 2.2 (2018); 2.9 (2017)
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\nGovernment: 0.9 (2018); 1.0 (2017)
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