Issue link: http://read.dmtmag.com/i/764739
w w w. v w m m e d i a . c o m J a n - F e b 2 017 | V I N E YA R D & W I N E RY M A N A G E M E N T 5 7 worker must meet certain salary requirements, perform office or non-manual work directly related to management or general business operations, and exercise discretion and independent judgment with respect to significant matters. The Department of Labor (DOL) recently issued new salary require- m e n t s u n d e r t h e F L S A . T h e s e new federal salary thresholds are higher than some state require- ments — for example, California requires the employee to be paid twice the state minimum wage to qualify for most exemptions. Effective December 1, 2016, the salary threshold for the federal executive, administrative and pro- fessional exemptions increased from $23,660 to $47,476. The total annual compensation requirement for "highly compensated employ- ees" increased from $100,000 to $134,004. These thresholds will be automatically updated every three years. For example, under the MSPA, companies that use farm labor con- tractors to obtain workers must take reasonable steps to determine if the contractor has a valid license. Unless an exemption applies, the contractor must have a certifi- cate of registration from the DOL specifying the activities the con- tractor is permitted to perform, like recruiting, soliciting, hiring, employing, furnishing or transport- ing any migrant or seasonal agricul- tural worker. To verify the license, a company may rely on a certificate issued by the DOL or on indepen- dent confirmation from the DOL. The company should also obtain a copy of the contractor's payroll records, such as pay statements the contractor provides to workers each pay period. The MSPA requires every per- son who recruits a migrant worker (those who are employed on a seasonal or temporary basis and required to be away from home These changes will affect a sig- nificant number of currently exempt workers. Companies should con- sider how to reclassify workers who will not qualify for the exemptions and how reclassifications will affect the company. Failing to plan for this transition could lead to lawsuits for wage and hour violations, including unpaid overtime. REQUIREMENTS FOR MIGRANT OR SEASONAL WORKERS Companies that use migrant or seasonal workers to pick or process fruit during harvest must comply with the federal Migrant and Sea- sonal Agricultural Worker Protec- tion Act (MSPA). Some states, such as California and Oregon, have similar state statutes that pro- vide more stringent requirements. Wine industry businesses should be familiar with these statutes — including their recordkeeping requirements. 707 938-1300 WWW.ACROLON.COM ® • Wire-less Tank Temperature Control • Fermentation Status From Anywhere • Brix/Temp/Pump-over Tracking • E-mail Alarm Notifications • Production Software Integration • Temp, Humidity, CO2, Night Air • Energy Saving Functions SERVING THE WINE INDUSTRY FOR 30 YEARS!