Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 6, 2016
The Firm
201-896-4100 info@sh-law.comAs speculated on our BusinessLaw blog, the U.S. Department of Labor recently made a major announcement to increase the minimum weekly wage level for salaried workers eligible for overtime pay. According to National Law Review, as of Dec. 1, companies across the U.S. will face significant changes in payroll. In fact, the salary threshold will increase from $455 to $913 per week, which breaks out to nearly $47,500 per year – up from close to $24,000 annually.
So how do companies adjust? There will likely be a jump in wage and hour lawsuits, which have been on the rise over the past decade. This increase could not only significantly increase the damages and attorney’s fees for defense expenses, but these costs can also exceed the amount of wages in dispute. These extra expenses will come as the result of claims available under the Fair Labor Standards Act.
With these increases in potential liabilities coupled with the increases in overtime pay, companies will need to adjust their compensation levels.
Companies with workers that will be impacted by the new overtime pay rules will need to figure out how to adjust their total compensation. This may include a number of different options, most notably increasing salary levels for those workers so that they reach exempt status.
For many companies, this might not be a feasible option. These firms may decide to convert salary workers to hourly levels to be divided by the standard 40 hour work week. Another option is converting workers from salary to hourly, and then dividing this by the total hours worked in a week.
Another alternative would be to convert workers from salary to fluctuating workweeks. This would effectively enable a company to pay an employee for only hours worked. Some weeks would be less hours, while others would be more.
Finally, an option that companies have is to offer non-discretionary bonuses or commission packages for workers. The new regulations allow these companies to pay up to 10 percent of the new minimum salary amount. This would effectively allow a company to have a worker under non-exempt status but compensate the employee for overtime pay under a commission structure for more work on fewer hours.
Employers need to determine the economic impact of the new rules on executive, administrative and professional-level employees within their organizations. There are alternatives for companies to convert their workers to exempt statuses or shift their compensation schedules for fear of incurring significant increases in overtime pay.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!