On January 20, Donald Trump was inaugurated as the 45th President of the United States. While the new administration’s policies are unclear on a wide range of issues, his comments during the campaign provide some hints on positions he will take with regard to labor and employment law. At the outset, we can assume that they […]
Federal Overtime Law Blocked
December 1, 2016 was supposed to be the day that about 4 million Americans were set to qualify for overtime pay under a new federal rule by the Fair Labor Standards Act. The new overtime law would have doubled the annual salary threshold from $23,660, to $47,476, which determines who qualifies for overtime pay when they work over […]
The New Overtime Law: How It Will Affect You
Effective December 1, 2016, the Department of Labor is enacting a new overtime law in which the Fair Labor Standards Act is being changed, allowing the threshold annual income below which overtime pay is required (assuming all other requirements for overtime pay are satisfied) to rise to $47,500, compared to $23,660, which was the amount […]
Employee Misclassifications: What You Should Know
On October 19, 2016, we posted a blog about the Chicago Minimum Wage law which became effective July 1, 2015, with an hourly wage of $10.00, increased to $10.50 July 1, 2016, and continues to increase incrementally each year into the future. The Chicago law also imposes very substantial penalties on employers who violate it, […]
Appeals Court Deals Mandatory Arbitration a Huge Blow—Or Does It?
Epic Systems Corporation, a healthcare software company in Wisconsin thought it could prevent its employees from suing to recover alleged failure to pay overtime by a simple arbitration agreement. Epic required its employees, on pain of losing their jobs, to agree that any wage-and-hour claims would be settled only by individual arbitration and that such claims could not be pursued in a […]
Employers Can Make Up to 10% of Salary with Nondiscretionary Payments under the new FLSA Overtime Rules
While the updated salary requirements to be exempt from overtime are receiving all the headlines there were other important changes that will go into [WHEN] effect. One of those changes is a new rule that allows an employer to count non-discretionary payments towards the new $47,476.00 salary threshold. The rule caps this amount at [THE LESSER OF/GREATER […]