Start Your Overtime Exemption Analyses Now!

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On July 1, 2015, I informed you that the Department of Labor was initiating a change to the white collar exemption regulations and beginning a public comment period.  As the DoL reviews tens of thousands of comments on its proposed changes to the White Collar Exemptions, employers should begin analyzing their exempt positions to determine whether they will still be exempt from overtime after the rule is inevitably issued.

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Salaried Means No Overtime, Right? Ask Halliburton

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The Fair Labor Standards Act (“FLSA”) requires employers to pay most workers minimum wage and overtime to nonexempt workers for work in excess of 40 hours per workweek. Overtime must be paid unless the worker is defined as “exempt” under the Act. Many employers believe that simply paying employees on a salary basis makes them exempt from overtime, but several more factors affect the classification than whether you pay employees a salary or pay them hourly.

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Idaho Human Rights Commission Statistics FY2015

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Today I attended a continuing legal education seminar for the Idaho State Bar Employment and Labor Law Section. Linda Goodman, Administrator/Director of the Idaho Human Rights Commission, was the presenter. I thought some of the statistics she presented were worth passing on.

During the Commission’s 2015 fiscal year, 443 new cases were filed, up from 435 in fiscal year 2014. Of the 443 new cases, 414 were employment related. The following table shows what categories of employment discrimination the cases alleged:

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House Joint Resolution 61 to be Considered by the Senate

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In the coming days, the Senate will consider House Joint Resolution 61, known as the “Hire More Heroes Act.”  The bill, if passed, would amend the Internal Revenue Code to exempt employees with health coverage from TRICARE or the Veterans Administration from being considered in the employer mandate under the Affordable Care Act (ACA). The employer mandate of the ACA requires employers of 50 or more full-time employees to provide qualified health insurance.

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Revise Your Handbook Before the NLRB Does it for You

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I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

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Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies.  I found the Memorandum even more disturbing after my second review.  The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies.  Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

OSHA Proposes a Rule “Clarification”

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On July 29, 2015, OSHA proposed to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness; the duty does not expire just because the employer fails to create the necessary records when first required to do so.

 » Read more about: OSHA Proposes a Rule “Clarification”  »

The DoL Proposes Changes to the “White Collar Exemptions”

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Yesterday, on June 30, 2015, the U.S. Department of Labor released proposed rule changes that would affect whether certain individuals are entitled to overtime under the Fair Labor Standards Act.  The most used exemptions from overtime are referred to as the “white collar exemptions” and exempt many managers, administrators, and professionals from entitlement to overtime if they are paid on a salary basis and at least certain weekly amounts.  The current weekly salary threshhold that must be met to qualify for these exemptions,

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