HRA News and Updates

FLSA Overtime Rule Update Released *NEW*

The U.S. Department of Labor has issued its proposed regulations on determining overtime exemptions for executive, administrative, and professional employees. If adopted in their current form, the new rules would:

    • Increase the salary basis threshold to $679/week ($35,308/year) from the current threshold of $455/week ($23,660/year);
    • Increase the total annual compensation requirement for highly compensated employees from $100,000/year to $147,414/year;
    • Seek public comment on the Labor Department's commitments to reviewing the salary basis threshold every 4 years and soliciting public input on future changes
    • Make no proposed changes to the job duties test

To recap, under the Obama Administration, changes were originally anticipated to go into effect December 2016 that would have raised the annual salary threshold for overtime eligibility to $47,462. However, in November 2016, a federal court blocked the changes from being implemented. Under the Trump administration, a Notice of Proposed Rulemaking was announced during the spring 2018 Regulatory Agenda to determine what the salary exemptions should be for executive, administrative, and professional employees.

The complete draft of the proposed regulation is available at https://www.regulations.gov/document?D=WHD-2019-0001-0001. The deadline to submit comment is May 21 2019, at 11:59 PM (ET).

 

HR Toolkit: Moves between State and Local Employment in Teamworks 

The Department of Administrative Services and State Accounting Office are pleased to announce the availability of a new reason code for employee moves between state and local employers in the PeopleSoft TeamWorks HCM system with no break in employment.  The code is MSL (move between state and local).  When the combination of TER/MSL is entered by the losing agency and REH/MSL is entered by the receiving agency, benefits systems will read the codes as Transfer Out and Transfer In.  This programming should facilitate smoother transfer of benefits for employees making these employment moves.

 Job aids that offer guidance for HR transactions and benefits continuation using the MSL reason code are available on the DOAS website They are intended to support movements without a gap in employment between state Executive Branch employment and employment with a Community Service Board (CSB), County Board of Health Community Operated Program (BOHCOP), or County Public Health employer.  They also assume that both employers use the TeamWorks HCM system managed by the State Accounting Office, and that the employee is moving between fully-benefited positions.

The MSL reason code may also be used when employees move without a break between state and local employment that is not fully-benefited in one or both positions (such as temporary, part-time, or hourly employment).

For guidance on system entry or benefits for such employee moves, the following resources are available: 

Flexible benefits

HRA.FlexBenefits@doas.ga.gov
404.656.2705 or 1.877.318.2772

 

Health insurance

www.mySHBPga.adp.com
1.800.610.1863

 

Leave benefits

hrapolicy@doas.ga.gov
404.656.2705 or 1.877.318.2772

 

Retirement / Peach State Reserves

contact@ers.ga.gov
ERS – 404.350.6300 or 1.800.805.4609
PSR – 1.877.342.7339

 

System entry

HCM@sao.ga.gov
404.657.3956 or 1.888.896.7771

 

New Test to Determine Whether Interns Must be Paid Under the FLSA

The US Department of Labor (USDOL) recently updated the test it uses to determine whether an employer must pay an intern under the Fair Labor Standards Act (FLSA). Prior to this change, it used an all or nothing 6-factor test for determining whether an internship could be unpaid. Note that case law established a “primary beneficiary” test for Georgia employers in 2015. The recent USDOL change brings the Wage and Hour Division’s regulators in sync with Georgia’s case precedence.

USDOL’s new “primary beneficiary” test does not require every factor to be met, but rather considers the extent to which each factor applies. The test is comprised of the following seven factors:

  • The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa.
  • The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.

  • The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.

  • The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.

  • The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.

  • The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.

  • The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

The new test is intended to offer more flexibility for unpaid internships.  It is advisable to consider all factors related to a particular internship and ensure the intern will be the primary beneficiary of the relationship before you determine it should be unpaid.  

If you have questions about the information in this advisory, please contact Autumn Cole at autumn.cole@doas.ga.gov or 404-463-7057.

 

 
 

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