
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.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
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!