It’s not often that we have to provide day-to-day updates on the status of the United States Department of Labor rule that raises salary thresholds for overtime exemptions, but here we are.
My colleague, Sarah Westby, posted an update yesterday on a major case from Texas in which the state challenged the rule. Late last
If you’re like me, your brain can only handle so much during the summer months. Between vacations and the start of school, it can be easy to overlook some of the employment law developments from the last month or two. So I thought I’d use the next few blog posts to provide a catch up.
So, in my post last week, I noted that one of the speakers at a recent panel I was on had suggested using a PEO for startups.
And for some businesses, it may be worth the cost.
But the truth, of course, is that for many employers, PEOs aren’t the best choice. They may
With the new year upon us, cyberthieves are once again attempting to prey on unwitting HR professionals, as my colleague William Roberts explained in an article last week for SHRM on phishing.
The scam goes like this. As an HR professional, you get an e-mail from your boss (or your boss’s boss) that seems legitimate…and
If you like to open your presents on Christmas Eve, the U.S. Department of Labor is for you. Last night, the DOL posted the final revised rule on overtime on its website ahead of its planned announcement this afternoon.
What a gift for employment lawyers! Needless to say, I was up late unwrapping all my
The New York Times reported this morning that President Obama will ask the United States Department of Labor to revamp its regulations on the so-called “white collar” exemptions to the federal overtime laws.
Specifically, he will direct the DOL “to require overtime pay for several million additional fast-food managers, loan officers, computer technicians and others
A reminder: Employees are entitled to overtime for work over 40 hours a week, unless an exemption applies. For so-called white collar workers, there are three main exemptions: administrative, professional and executive. Each of these categories looks at whether the employee had certain covered “duties” (known as the “duties” test) and a minimum guaranteed weekly salary (known as the “salary” test).
Under federal law (but not state law), there is also an exemption that allows employers to not pay overtime to “highly compensated” employees over $100,000 a year. These rules have been in place for nearly 10 years, but the regulations are far from clear.
A recent case out of the Second Circuit (Anani v. CVS) examined these exemptions and regulations. You can download the case here.
The case comes down to a fairly arcane part of the federal regulations addressing whether a “reasonable relationship” exists between the guaranteed amount an employee is supposed to receive and the amount actually earned. The Second Circuit concludes that this section does not apply when workers make over $100,000 under the FLSA.
It’s a fairly straightforward conclusion because to apply that language to highly compensated workers would render the rest of the regulation pretty meaningless. Thus, a win for the employer.Continue Reading Second Circuit Leaves Some FLSA Issues Up For Grabs
Heard of the popular show, "A Minute to Win It"? Well to borrow from the title, for health care professionals (doctors offices and hospitals in particular), you’re playing a much more dangerous game "a Minute to Lose It".
What is "it"? It is patient data. And right now it continues to be at risk every