Join Me for a Presentation: “Countdown to FLSA Proposed Overtime Changes: The What, The When, The How-To Comply”


The best kept secret these days – the proposed changes to the Fair Labor Standards Act. If you are a business owner or work in human resources and are unfamiliar with these changes – stop everything. It is not to late, but the clock is ticking. As early as this summer, employees who are presently paid a salary and considered exempt under the FLSA may need to be reclassified as non-exempt, hourly employees entitled to overtime compensation. Right now, an employee making $455 per week, or $23,660 per year, can qualify as exempt, that is, not entitled to overtime compensation. One proposed change would require an employee to make $970 per week, or $50,440 annually, to be exempt from overtime pay. And this is not the only anticipated change . . . . If you own or operate a business or work in human resources, then you will have 60 days […]

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Update on Proposed Overtime Changes: Are you Ready?


For nearly a year, I have cautioned businesses to stand ready to respond to the Department of Labor’s (“DOL”) proposed changes to the Fair Labor Standards Act (which dictates employee overtime pay).  For a time, the distance between idea and implementation gave a sense of false comfort, but as the gap steadily closes, it is crunch time for business owners. On March 14, 2016, the DOL sent the final overtime rule to the Office of Management and Budget (“OMB”).   Once the OMB conducts its review, the final rule can be published in the Federal Register and a date for compliance. Typically, this compliance date is sixty (60) days from publication. In other words – 2 months to tailor your business practices to comply with revisions that are expected to affect millions of employees nationwide. As a recap, the proposed changes would: (1) Require that an employee make enough to […]

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Employer’s Election Year Survival Guide


I am a fan of a survival guide. “How to Survive Law School,” “How to Buy a Car,” “How-to Survive the Chick-Fil-A’s Drive-Thru Line at 11:30 a.m.” They write it; I read it. Given the never-ending primary election season, following by the fall Presidential election, many of my clients are in need of a guide to survive the next few months, which has been unlimited in its ability to generate water cooler discussion. To that end, I give you my top five suggestions for surviving election season (and avoiding litigation): 1. Supervisors – Be Switzerland. You know what I mean, be neutral. Don’t chose a side. Common sense says you should avoid discussing money, religion, or politics in mixed company. I would say that a synonym for “mixed company” is the workplace. Politics is a personal, subjective topic that raises many issues connected to employment laws. Political discussions invoke a […]

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Is Sexual Orientation a Protected Class?


Earlier this month, the EEOC filed an amicus brief (a brief filed by a non-party in support of a particular position) in a sexual orientation lawsuit pending before the 11th Circuit Court of Appeals in Burrows v. College of Central Florida.  Within that brief, the EEOC takes the position that sexual orientation discrimination is “sex discrimination” prohibited by Title VII. This is not a surprising position – the EEOC, the federal agency charged with investigating violations of federal employment laws, ruled in July of 2015 that it would find sexual orientation discrimination unlawful under Title VII. Why is this blog-worthy news, then, you ask? Because of one of the EEOC’s arguments. In the past few years, the Federal Employment and Non-Discrimination Act, which would make it unlawful to discriminate against employees and applicants on the basis of sexual orientation, has repeatedly failed to pass in Congress. The EEOC’s new position – we don’t […]

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New Year’s Resolution – Avoid a FLSA Lawsuit


  The new year is not just for resolutions to inspire consistent flossing or commitment to a gym membership. If you are a business owner, then 2016 is an excellent, and in fact, the essential, time to resolve for full compliance with the Fair Labor Standards Act (“FLSA”). In July 2016, the Department of Labor anticipates issuing its Final Rule updating the regulations governing the white collar exemptions from the minimum wage and overtime pay protections of the FLSA. To read more about what the Final Rule means for your business (BIG changes), click here.  With this Final Rule imminent, there has never been a better time than the present to make FLSA compliance your goal for 2016. How do you do it? As with any good resolution, concrete goals are essential to execution. Here are my recommendations: (1) Update Your Employee Handbook The FLSA does not set forth requirements […]

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