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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 (16)

Monday
Sep182017

PODCAST: Employment Policies in the Trump Administration

In this Verrill Voices podcast, labor and employment attorneys Tawny Alvarez and Richard Moon discuss recent administrative and legislative developments, how they affect employers generally. More specifically, they discuss the current position in which the Department of Justice and the EEOC are taking separate and distinct positions on the issue of whether Title VII covers sexual orientation discrimination, highlighting a Second Circuit case that has brought the issue to the forefront. In addition to sexual orientation and gender discrimination policies, the stalled increase in the overtime exemption wage and President Trump's recent direction on affirmative action policies are also discussed.

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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. 

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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.

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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:

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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.”

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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.

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