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Labor Department Accepting Applications for Eligible Training Providers

The Department of Labor and Regulation is accepting applications for training programs to be approved for the state’s Eligible Training Provider List (ETPL).

The ETPL is a publicly available, statewide list of training providers whose programs have demonstrated qualifications necessary for eligible participants to receive tuition assistance through the Workforce Innovation and Opportunity Act (WIOA).

“The trainings are vetted to ensure they lead to high wage and high demand jobs,” said state Labor and Regulation Secretary Marcia Hultman. “These trainings also make participants more employable, retainable and promotable by local employers.”

Read more...

ETPL Web Page
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U.S. Department of Labor Issues Final Rule to Update FLSA's Joint Employer Regulations

The U.S. Department of Labor has updated the Fair Labor Standards Act (FLSA) Joint Employer Rule to provide clarity and promote uniformity in the interpretation and identification of joint employer status. In this final rule, the U.S. DOL provides a four-factor balancing test for determining joint employer status. The balancing test examines whether the potential joint employer:

  • hires or fires the employee;
  • supervises and controls the employee’s work schedule or conditions of employment to a substantial degree;
  • determines the employee’s rate and method of payment; and
  • maintains the employee’s employment records.

The final rule also clarifies when additional factors may be relevant to a determination of FLSA joint employer status, and identifies certain business models, contractual agreements with the employer, and business practices that do not make joint employer status more or less likely.

The effective date of the final rule is March 16, 2020.

More info
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U.S. Department of Labor Issues Final Rule on Calculating 'Regular Rate' of Pay for Overtime Rates

The U.S. Department of Labor's Wage and Hour Division announced a Final Rule that allows employers to offer perks and other benefits to employees without having to include those forms of payment in the Fair Labor Standards Act’s “time and one-half” calculation when determining overtime rates.

The rule clarifies which perks must be included and which may be provided without being including in regular rate of pay.

The Final Rule took effect Jan. 15, 2020.

Additional Info
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South Dakota Week of Work Business Registration Deadline Approaching

Has your business registered for South Dakota Week of Work? Business participation is vital in providing job shadows, industry tours and work experiences to South Dakota's 10th graders. Don't miss a chance to connect with your potential future workforce. View the latest Week of Work webinar (part of Governor's Office for Economic Development's Talent Development series) for more details or go to SDWeekofWork.com.

Registration closes Feb. 20.

Register at SDWeekofWork.com

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