A federal Judge on Tuesday blocked the law that was passed on May 17th, 2016 to increase the minimum salary amount a worker can earn and remain exempt from overtime pay. U.S. District Judge Amos Mazzant, of Texas, agreed with 21 states and a coalition of business groups, including the U.S. Chamber of Commerce, that the rule is unlawful and granted their motion for a nationwide injunction. Mazzant stated that the federal law governing overtime does not allow the Labor Department to decide which workers are eligible based on salary levels alone. The rule was to take effect on…
Posts published in “FLSA”
A question that I am frequently asked after a hurricane strikes is “Do I have to pay my employees for times that my business is closed during and after the storm?” The answer is a resounding “maybe”. It all depends upon the classification of employee (and company policy), and we can break it down into two distinct categories; Hourly and Salaried. Let’s look at the hourly employee first. An employee who is paid based on the hours they work would not be entitled to any legally mandated pay for time they are not working. Some states require that if an employee…
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),…
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)…