New Overtime Rules – Here We Go Again

Almost three years ago, the Department of Labor announced new overtime rules, including a drastic increase in the salary requirements for “white collar” exemptions from overtime pay.  That new amount, over $47,000, was subject to immediate appeals, and never went into effect. 

On March 7, 2019, the Department of Labor announced a new, revised rule increasing the salary threshold to $35,308.  This is still subject to public comment and possible revisions, but even if this number changes it will likely stay in the low to mid-$30’s.  It is anticipated this increase would impact only about 25% of those who would have been impacted by the 2016 increase. 

There will be a 60 day comment period once this is officially published by the DOL.  The end effective date will depend upon whether there are revisions, further comment periods, etc. 

If you currently have exempt employees who make less than $35,308/year, you will need to either raise their salary to this level to keep their exemption, or have them changed to non-exempt status, at which point they will be eligible for overtime pay for all hours worked over 40 in a week.

This is a good time to review the current salaries of your exempt employees to determine if you will need to make any changes based on the proposed increase.  This is also a good time to make sure that you have properly classified employees as exempt or non-exempt.

The proposed rule can be found here.  (Warning, the proposed rule is 219 pages long!)

Please see our August 2016 post for other suggestions on how to prepare for this change.  If you have any questions regarding FLSA exemption or the new regulations, please contact Jennifer Corso.  jcorso@ps-law.com, 216-381-3400.

What do bankruptcy and divorce have in common?

Question:      What do bankruptcy and divorce have in common?

Answer:         Both can provide a chance for a fresh start.

 

Which should I do first: Divorce or Bankruptcy?  And,

should I file with or without my soon to be ex-spouse?

As with many questions asked of an attorney, the answer is “It depends.”   Bankruptcy and divorce are two separate legal processes that often go hand in hand, but one can have a negative impact on the proceedings of the other.  A complex analysis is often needed to be able to realize all the benefits of a bankruptcy filing.

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New Overtime Rules Announced – Are you Ready?

Update:  November 23, 2016 – Federal Court puts Overtime Rules on Hold

A Federal Court judge in Texas has given business owners one more thing to be thankful for this Thanksgiving. The new overtime regulations regarding the increase of the salary level required for exempt employees has been temporarily barred from going into effect as planned on December 1, 2016.  On November 22, 2016, a judge hearing a number of consolidated cases contesting the new rule granted a motion for preliminary injunction, which stopped these regulations from being implemented. Continue reading