Please review these links as you plan for changes that will be required within your agencies.
While the non-enforcement delay states "This policy extends to providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. Under the policy, from December 1, 2016, to March 17, 2019, the Department will not enforce the updated salary threshold of $913 per week for this subset of employers", it also states it is meant to help those "who are dependent on Medicaid funding in state budgets, and serve vulnerable populations.”
3. Nonprofit guidance PDF
4. Communication from Laura Boyd - We may have a window! We will need help with interpretation from an attorney and need to work with together with DOL. Looks like they supported the delay in implementation for certain providers who rely on Medicaid. Devil is in interpretation.
3. Q. Who is covered by this non-enforcement policy?
A. This policy extends to providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. Under the policy, from December 1, 2016, to March 17, 2019, the Department will not enforce the updated salary threshold of $913 per week for this subset of employers.
5. Actual ruling (500+ pages)
6. Independent Sector is offering the following two-part digital learning series about how to comply with federal overtime rules and how to prepare for potentially major changes on the horizon.
Part 1: Is your organization in compliance with the Fair Labor Standards Act?
May 24, 1:00-2:00 p.m. ET
Part 2: What would it mean for your organization if the federal overtime threshold doubles?
May 31, 1:00-2:30 p.m. ET
Link to additional information and registration at https://www.independentsector.org/overtime_rules
7.Georgia Center for Nonprofits
Yesterday, the long-awaited update to the U.S. Department of Labor’s overtime rules under the Fair Labor Standards Act (FLSA) was released. As expected, there is a substantial increase to the threshold at which eligible employees, regardless of duties, must be paid overtime. GCN will provide resources to the nonprofit community to assist employers with compliance with this rule.
Here are the facts and some resources:
The threshold for paying overtime has been increased from $23,660 to $47,476 per year. This means that most non-exempt organizations will need to pay overtime to employees making less than $47,476 annually for any hours worked in excess of 40 per week. In order to be subject to minimum wage and overtime requirements and thus qualify for the Act’s protections, employees must be “covered” by the FLSA. Coverage under the FLSA is usually achieved in one of two ways: (1) the organization is a covered enterprise; or (2) a particular worker is individually covered. While many nonprofit organizations may not be covered enterprises under the FLSA, most are likely to have some employees who are covered individually and are therefore entitled to the minimum wage and overtime protections guaranteed by the FLSA.
In addition to adhering to the increased salary threshold, there are numerous other compliance rules and regulations that nonprofits will need to follow.
The date by which employers need to comply is December 1, 2016.
Read the final rule here.
In response to feedback from the nonprofit community that the rule is confusing, the U.S. Department of Labor has issued these fact sheets:
Additionally, GCN and our allies are preparing various resources for nonprofit employers to learn more about FLSA and the new rules. Here are some immediate ways to get up to speed on what you need to know:
Increased costs and record keeping will affect organizations across most nonprofit activity areas, and GCN will continue to raise the unique concerns of nonprofit employers with policy makers to make this transition sustainable for nonprofit employers.
We recognize that this is a substantial change and will require significant adjustment among GCN member organizations. We hope that you find these resources helpful in planning for this transition. If you have further questions, please be in touch with GCN Membership Director Reggie Seay at firstname.lastname@example.org.
Please visit GCN.org to view all of the resources that GCN will continue to compile about the new overtime rules. We will post videos of upcoming webinars, plus links to additional resources as they become available.