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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
March 11, 2019

DOL Issues Proposed Rule Increasing Minimum Salary for Salary Exempt Employees to $35,308

Be advised that the Department of Labor has released a proposed overtime rule for any salary exempt employees with a $35,308 salary threshold. Under the current rule, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. The proposed rule does not address the duties test for white-collar exemptions or the salary basis requirement.

Employer Law Blog
October 13, 2016

READY FOR 12/1? Take the Exemption Tests

The Department of Labor’s Final Rule on white collar exemptions takes effect on December 1, 2016. Are you ready? You can answer this question with three simple tests. An employee must pass all three tests to be eligible for exemption from overtime pay.  1. The Salary Basis Test First, the exempt employee must be paid on a salary basis rather than an hourly basis. The salary must not be subject to reduction based on quality or quantity of work. 2. The Salary Level Test Second, the employee’s salary must meet the minimum salary lever. Currently, the minimum salary level is $455 per week, which is $23,660 per year. On December 1, that minimum salary level will increase to $913 per week, which is $47,476 per year.

Employer Law Blog
May 18, 2016

DOL Regulations: New Exempt Employee Salary Thresholds Are Here Now

Last year, the Department of Labor published a Notice of Proposed Rulemaking signaling a drastic impending change to the salary threshold requirement for employers to classify certain jobs as exempt from overtime and minimum wage. Since that time, we have been working with clients on workforce analysis and planning, including budget forecasting, to determine the best and most cost-efficient way to adapt to the changes to come.

Employer Law Blog
March 30, 2016

Employers: Watch Out For The New Persuader Rules

On March 23, 2016, the Department of Labor issues its new “persuader” rule which has been the matter of much controversy since 2011. The persuader rule is designed to implement Section 203(b) of the Labor Management Reporting and Disclosure Act of 1959. A prior rule existed, but the Obama Department of Labor thought that it did not go far enough (translation: did not favor organized labor sufficiently - writer’s opinion).