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Posts published in May 2016

The First Round Draft Pick; Picking the Right Team


By; Rhonda Bunker Director of Sales In the event you aren’t a football fan, the NFL draft just happened.  The time of year when coaches and owners are all vying for the same players.  You know the ones, the Heisman Trophy winners, the players who could take out a semi truck, the guys who run faster than gazelles.  Those are the guys every team wants.  The guys who look good on paper, the ones who have gotten the job done in college.  It’s probably similar to the strategies you use when picking the right candidates to join your teams.  Have…

Increased Salary Minimum for Exempt Employees Announced


I guess you can’t say we did not warn you.  One day after our posting of the new Overtime Regulation coming, it is signed into law taking effect on December 1st, 2016. On Tuesday, May 17, 2016, the Department of Labor published its long-awaited final rule updating the Fair Labor Standards Act (FLSA) overtime regulations.  The most material changes relate to the minimum salary you must pay to exempt employees, which is discussed in more detail below.  For full details, be sure you read the previous article “Are You Ready?” The new regulation increases the salary test to $913 per week ($47,476 year),…

The Overtime Overhaul is Coming – Are you ready?


By: Matthew N. Thibaut, Esq. Employment Law Practice Group CIKLIN LUBITZ & O’CONNELL The Fair Labor Standards Act (FLSA) is an extremely technical statute that was enacted in 1938, which is the federal law providing employees overtime protection. Under the FLSA, an employee in the United States is entitled to receive 1.5x their regular rate of pay for hours over 40 unless they are exempt. The most common exemptions are the executive, professional and administrative exemptions, also referred to as the “white collar” exemptions. These exemptions are not determined by occupation, job title or classification, but rather by a two-part test: (1) duties test and (2)…

Pay Frequency – Timing Matters


To pay Weekly or Biweekly (or some other frequency), that is the question. The US Department of Labor (DOL) does not specify any sort of frequency in which employees should be paid minimum wages or the overtime compensation it calls for.  Instead the language states that “Wages required by the Fair Labor Standards Act (FLSA) are due on the regular payday for the pay period covered.”  While this seems vague, the DOL takes this principal seriously.  For example, if an employee fails to record time worked or submit a timesheet, and the employer is aware that work was performed, the…

PayMaster HCM & Security


This has been an interesting week in the world of information security. On Tuesday, Brian Krebs blog site, KrebsOnSecurity, posted an article detailing how a number of self service accounts were hijacked from ADP.  In short, due to a weak registration process and a far too lackadaisical approach to stale accounts (i.e., accounts that were never activated by employees) on ADP’s part, as well as the inadvertent posting of sensitive registration codes on the part of a number of clients including a large commercial bank, U.S. Bancorp, victimizers were able make self service accounts for a considerable number of dormant accounts.  In turn, the intruders used…