Search
RSS
Subscribe

Enter your email address to receive new posts in your inbox:

Delivered by FeedBurner

Share

Like what you see? Share!

Twitter
Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Overtime (15)

Friday
Jan202017

DOL Overtime Rule Update

As most readers are aware, the Department of Labor has appealed the November 22, 2016 Order of Judge Amos Mazzant of the United States District Court for the Eastern District of Texas which preliminarily enjoined the December 1, 2016 implementation of increases to the salary threshold under the FLSA overtime regulations.  The Department of Labor has already filed its brief with the Fifth Circuit Court of Appeals and on Tuesday, a group of 21 states filed their responsive brief with the Fifth Circuit arguing that the November 22, 2016, preliminary injunction issued by the District Court should be upheld. 

The states’ brief argued that the Fair Labor Standards Act does not empower the United States Department of Labor to establish a salary threshold for determining whether an individual qualifies for the executive, administrative, or professional exemption to the federal overtime standards. 

Click to read more ...

Thursday
Sep222016

Despite Recent Challenges to Overtime Rule, Employers Should Continue Preparing for Implementation on December 1

On September 20, two lawsuits were filed in federal court seeking to stop the new overtime regulations from going into effect on December 1.  One lawsuit was filed by the U.S. Chamber of Commerce in conjunction with a number of other business groups.  The other lawsuit was filed by a coalition of 21 states (Nevada, Texas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, Kentucky, Iowa, Maine, New Mexico, Mississippi, and Michigan).  Both lawsuits were filed in the Eastern District of Texas and seek an injunction to block the overtime rule from going into effect.

Click to read more ...

Thursday
Jul282016

Navigating the New Overtime Rules … In the News

Now that a couple of months have passed since the Department of Labor announced the new federal overtime regulations, many employers are looking for guidance. Our Labor & Employment Group has been working tirelessly to ensure its clients and the community-at-large have resources for determining whether they will be affected and how to comply.

Our attorneys have spoken with journalists and drafted articles on the topic to provide insights to businesses throughout the region and across industry sectors. For your convenience, please find some of these articles below:

Click to read more ...

Tuesday
Jun072016

FLSA Overtime Guidance for Educational Institutions

You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many education institutions will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for education institutions of all sizes, whether at the elementary, secondary, or post-secondary level. We hope you find the below information helpful in analyzing how your institution will be affected.

Step 1:  Does this new FLSA salary minimum apply to employees of my institution?

Yes, but there are some exceptions. Generally, in order to be exempt from the overtime requirements as an executive, administrative, or professional employee, the employee must be paid above the new salary minimum of $47,476 per year (or $913 per week). Pertinent to education institutions, however, the salary threshold does not apply to employees whose primary duty is “teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge.”

Click to read more ...

Wednesday
May252016

Final FLSA Overtime Rule: Guidance for Non-Profit Employers and Board Members

You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many non-profits will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for non-profits of all sizes, including those that are funded by government grants and contracts, as well as those with limited staff. Whether you are the executive director of a non-profit or serve as a board member, we hope you find the below information helpful in analyzing how your organization will be affected.

Step 1: Does this new FLSA salary minimum even apply to my organization?

Yes. While many organizations may argue they do not have annual revenues (volume of sales or business) of over $500,000, that, in and of itself, is insufficient to conclude that your organization is not covered by the FLSA.

Click to read more ...

Wednesday
May182016

FINALIZED Overtime Rule: How does it impact you? 

The Department of Labor released its long-awaited final overtime regulations today. The most significant impact of the new regulations is that they more than double the salary threshold for classifying an employee as exempt from the overtime requirement to $47,476. While slightly less than originally anticipated, this is still a big increase in the salary threshold. Not sure if this will impact you? Chances are it will. The new regulations will likely impact the exemption status of 4.2 million employees, which will result in U.S. employers paying an estimated additional $1.4 billion in wages in just the first year of implementation.

If you have not already begun to do so, now is the time to start thinking about and analyzing how the new regulations will impact your business. We hope that the following information is useful to you as you consider your next steps.

Click on the image to download a print-friendly version of this decision chart.Further Impacts to Consider…

  • How will this impact employee morale?
  • What should I communicate to employees about the change?
  • How will this impact financial planning for my business?
  • What additional training do my managers need?
  • Do I need new policies that address these changes?

Determining whether you are impacted by this change is relatively simple—it’s how to respond to the impact that is more difficult. Verrill Dana’s Labor & Employment attorneys are here to help. We can help you analyze the impact of these new regulations on your business and develop a plan that incorporates best practices for how to respond to these changes to minimize the impact on operations.