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Workers' Compensation

Legal Updates to Start Off 2020

Benefit Rate Updates

Updates to Oklahoma, Nebraska and Arkansas Rates have been announced. All rate changes will apply for the time period of January 1, 2020 to December 31, 2020. 

Oklahoma: The maximum rate for TTD and PTD  benefits increases to $898.63 per week.

Nebraska: The maximum weekly income benefit will increase to $882.00.

Arkansas:The maximum TTD & PTD rates increase to $711.00 and the PPD rate increases to $521.00.

Kansas: Mileage may adjust from $0.580/mile to match the IRS rate of $0.575/mile. 

The IRS Mileage Rate for 2020 is $0.575/mile.

New rate cards are available electronically here or you may request physical copies here. Be on the watch for the rate update from Illinois on January 15th. 

Illinois Governor Appoints New Arbitrators

Governor JB Pritzker has appointed new Arbitrators. The following have been appointed and assigned effective January 1, 2020:

Joseph D. Amarilio – Chicago
Deborah J. Baker – Chicago 
Christopher A. Harris – Chicago    
Elaine Llerena – Chicago
William J. McLaughlin – Chicago
Linda Jean Cantrell – Zone 1 (Collinsville, Mt. Vernon, & Herrin) 
Dennis S. O’Brien – Zone 2 (Springfield, Urbana, & Quincy)
Adam Hinrichs – Zone 3 (Bloomington, Peoria, & Rock Island)

For more information, contact AJ Sheehan

New Rule Affecting Overtime Eligibility in
Effect Jan. 1, 2020

On September 24th, 2019 the DOL announced a final rule that will change the minimum salary requirement. This rule took effect on January 1, 2020.

This Rule:

  • increases the minimum salary requirement for an employee to qualify for an exemption from $455 to $684/week or ($35,568 annually);
  • also increases the total annual compensation for HCE from $100,000 to $107,432/year;
  • takes into consideration new pay practices and allows employers to use nondiscretionary bonuses that are paid at least annually to satisfy up to 10 percent of standard salary level;
  • revises the special salary levels for employees in U.S. territories, including Puerto Rico and U.S. Virgin Islands, along with individuals employed in the motion picture industry.  

Impact of the Rule Changes
Who is affected by these changes:

  • 1.3 million Americans are now within the threshold of eligible overtime pay
  • Overtime eligibility and expectations will become more transparent with the regular rate clarifications

If you have additional questions please reach out to Chuck Dunlay.

Disclaimer and warning: This information was published by McAnany, Van Cleave & Phillips, P.A., and is to be used only for general informational purposes and should not be construed as legal advice or legal opinion on any specific facts or circumstances. This is not inclusive of all exceptions and requirements which may apply to any individual claim. It is imperative to promptly obtain legal advice to determine the rights, obligations and options of a specific situation.