
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: July 20, 2016
Of Counsel
732-568-8360 jmcdonough@sh-law.comOne of the issues with the new overtime pay rules regarding wage and hour regulations is companies are unaware of the major changes of the proposal, which is set to go into effect Dec. 1.
According to the Department of Labor, a prime example of the changes for salaried employees is for personnel who earn under $47,476 annually. These employees are set to earn a substantial raise for overtime pay from $455 to $913 per week. That will equate to a spike in salary $23,660 to $47,476 per year.
Specifically, the regulations will target the salaries of “executive, administrative, professional and computer employees.” The DOL also said “unless covered by an exemption, employees covered by the Fair Labor Standards Act must receive overtime pay for all hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rate of pay.”
This has been difficult for companies to determine what is coming under the FLSA. The regulations are confusing, but listed below are some clarifications on what many companies need to consider in terms of overtime eligibility and employee exemptions.
This is where it gets tricky. The employees most impacted by the new rules will typically be women as well as college-educated people between ages 25 and 34. That will affect roughly 4.2 million workers. Of those employees, 55.6 percent will be women, and 39.2 percent will have a Bachelor’s degree, according to Oregon Live.
This can be confusing because there will be certain employees in situations where they will be exempt from the exemption even if they seemingly qualify as nonexempt under the new rules. A prime example of these types of employees that are exceptions to the exemptions include teachers, doctors and lawyers.
To know how these rules specifically impact a company, a firm will first need to know how the business should be classified. This is part of what the rule is designed to correct because many companies have previously misclassified their employees, which resulted in lower or higher overtimes wages.
The new overtime rules target job titles, but classification is for job duties. So regardless of the job title, an employee may be exempt by duties, however, his role may change what they are.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher
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
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!