This Week’s Update,(Aug. 21, 2017) Retirement plans. The U.S. Department of Labor (DOL) has issued a second set of frequently asked questions (FAQs) about the transition period for its fiduciary rule. The new guidance covers: a “fiduciary status disclosure” issue under the DOL’s ERISA Sec. 408(b)(2) service provider disclosure regulation applicable to ERISA pension plans; whether recommendations to plan participants and IRA owners to contribute to or increase contributions co

Question: Is minimum wage calculated on hours worked or hours worked plus performance-based earnings, thus subject to change each pay period? For instance, a nonexempt employee is paid $320 for 40 hours worked with $60 added for performance goals, totaling $380. Which amount is used to determine the employee's minimum wage; $320 or $380? The minimum wage in our state is $8.50. Answer: The amount used to determine the employee’s minimum wage would be $320 because, under the fe

Communicating Medical Conditions Question: I have an employee who recently told me she has a medical condition that is causing her to miss time from work. I don’t want the employee’s job to become jeopardized due to frequent absences, but I’m not sure how to convey her medical condition to the management team to ensure the employee doesn’t get penalized. What should I do? Answer: Your concern for your employee’s frequent absence is understandable, but her medical condition

Employees Who Smoke Question: We have a couple of employees who smoke and have recently moved into an office next to someone who doesn't smoke and finds the odor unpleasant. What are best practices for handling a situation like this? Answer: A best practice is to discreetly coach and counsel the employees who have the offending odor and to offer accommodations to the employee with the complaint. An accommodation could be a fan or air purifier if the complaint continues.

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