As of January 1, 2020, employers need to ensure that employees classified as “exempt” from overtime requirements are being paid the required salary. Pursuant to the U.S. Department of Labor’s final rule, the minimum salary for executive, professional, and administrative employees has increased. As we reported in our September 24, 2019 E-Lert, the new rule increases the salary required to meet the exemptions to $684 per week (the equivalent of $35,568 per year). The required compensation for highly compensated employees is raised to $107,432. Our E-Lert provides further details about the new rule. If you need assistance determining whether your employees meet the exemptions under the Fair Labor Standards Act, please contact any Shawe Rosenthal attorney.
Continue Reading Changes to Wage and Hour Law Took Effect January 1, 2020
Teresa D. Teare
Fight Against $15! An Opportunity to Testify Before the Maryland General Assembly
Maryland lawmakers have introduced a bill that would increase the minimum wage to $15.00 per hour by 2023. Notably, the State’s minimum wage is currently $10.10 per hour, which is significantly greater than the federal minimum of $7.25. Many progressive leaders and newly elected legislators do not think Maryland’s current minimum wage is high enough, and as a result, there has been an increased push to pass the proposed legislation. If enacted, Maryland would join the notoriously employer-unfriendly jurisdictions like California, New York, Massachusetts, New Jersey, and Washington D.C. If the experience in those States is a guide, the increased minimum wage would increase the cost of doing business in Maryland, create incentives to deploy technology to reduce labor costs, harm workers who are least skilled (by making them less attractive “at the price” vis-à-vis more skill peers), and create severe obstacles for businesses operating within the State.
Continue Reading Fight Against $15! An Opportunity to Testify Before the Maryland General Assembly
New York City Proposes Right to “Ignore Your Boss” Law
New York City is often on the fringe. From its fashion to its tall buildings to its restaurants, the Big Apple likes to be cutting edge. Even when it comes to its laws. Really, who can forget the controversial proposed ban on “big” sugary sodas? Fortunately, that specific attempt to regulate personal choice was ultimately stopped in its tracks.
Continue Reading New York City Proposes Right to “Ignore Your Boss” Law
What Does the Ex-Uber Employee’s Blog Teach Employers about the Power of Social Media?
We are all watching and reading how Uber is responding to yet the latest scandal and legal problem to confront the on-demand ride service giant. About a week ago, a former Uber employee, Susan Fowler, posted a blog about why she left Uber last December. Susan alleges (and these are only allegations at this point) that during her one year at Uber as an engineer, she was subject to harassment and a rampant sexist culture at Uber, and when she complained, Uber did nothing.
Continue Reading What Does the Ex-Uber Employee’s Blog Teach Employers about the Power of Social Media?
From the DOL Solicitor’s Mouth to Our Ears: Update on DOL’s Overtime Rules
As the Wall Street Journal reported this week, the Department of Labor’s (DOL) highly anticipated rules regarding employees’ eligibility for overtime are not likely to be finalized until sometime in mid to late 2016. This timeline, which is later than the Spring-time anticipated date, was acknowledged by the Department of Labor (DOL) Solicitor, Patricia Smith, during the American Bar Association, Labor and Employment Section Conference two weeks ago. I attended the panel at which Solicitor Smith spoke, and counsel for both management and employees were surprised by this revelation.
As my firm previously reported, in June 2015, the DOL proposed revisions to the overtime rules. The proposed rules significantly increased the required salary for employees to qualify as exempt. The current salary threshold is $23,660. The proposed rules more than double it to $50,400! Clearly, this is a significant increase and would make many more employees eligible for overtime pay.
Solicitor Smith said the reason for the delay in the issuance of the final rules is the significant number of comments that were received by the DOL, which are in excess of 200,000! This is three times more than the number of comments received by the DOL when it revised the regulations back in 2004.Continue Reading From the DOL Solicitor’s Mouth to Our Ears: Update on DOL’s Overtime Rules
The Affordable Care Act Complicates The Use of Temporary Employees
Employers did not need another reason to complain about the burdens of the Affordable Care Act (“ACA”). Most of us know that the law includes onerous obligations on employers that have made human resources and benefits personnel’s jobs increasingly difficult. For example, you have to figure out if the law applies to your organization (how…
EEOC Criminal Background Checks
The EEOC recently issued another information discussion letter regarding pre-employment criminal background checks. Many employers conduct criminal background checks, and the EEOC has long-held that such screenings do not violate Title VII per se because Title VII does not regulate inquiries by employers. The discussion letter, however, reminds employers that the use of criminal records…