All posts tagged 'overtime'
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Posted @ 11/28/2016 9:56 AM By MBAHRO
On Nov. 22, 2016, Judge Amos L. Mazzant, III, a federal judge for the Eastern District of Texas, issued a preliminary injunction on a nationwide basis that will prevent the new overtime rule from taking effect on December 1, 2016.
Posted @ 7/5/2016 2:10 PM By MBAHRO
This is the perfect time to review your current wage and hour practices. When it comes to compliance, the stakes are high. Misclassification of a non-exempt employee as exempt can have costly ramification, as the business may lose the exemption for not just that one employee who complains, but an entire class of employees, retroactive up to two years for non-willful violations and three years for willful violations. It is essential to remember that, even though the news in focused on the annual per employee cost, exempt employees must also meet the job duties test. It is crucial to partner with human resources and conduct a thorough wage and hour audit, to include a review of the job descriptions and actual job duties of all exempt employees. Importantly, if an employee is found to have been improperly classified as exempt, in the absence of actual time records, it the employee’s own estimate of hours worked which will be used to calculate overtime due.
Posted @ 5/18/2016 9:19 AM By MBAHRO
Employers with overtime exempt salary employees will want to determine which employees are currently paid a salary of less than $913 per week and get a sense of the effect the increase to the minimum salary level may have on their business.
Posted @ 5/6/2016 10:21 AM By MBAHRO
Earlier this year, the DOL announced that it submitted its final overtime rules to the Office of Management and Budget for review and, thereby, signaled that the final regulations could be published and effective within the next few months. However, as of this time, the final regulations have not been published and it remains to be seen to what extent the minimum salary level requirement will be increased.