DOL Announces Final Rule Doubling Salary Threshold for Exempt Employees In our November 2015 Employment Law Update, we discussed the Department of Labor’s proposed rule changing the requirements of the “white collar” exemptions to the overtime requirements of the Fair Labor Standards Act. Whether an employee is exempt depends on the nature…
By: Gary I. Teblum Most of us prefer to do those things that are fun and tend to procrastinate as to things that are the more mundane and that are not so interesting or exciting. Does that describe you? So are you one of those who, back in the 1990s said…
By: Dean A. Kent Trade secrets are the oldest form of intellectual property and, unlike patents, trademarks and copyrights, the value of a trade secret arises from others not knowing the secret. Companies such as Coca-Cola, WD-40, Heinz 57, and Kentucky Fried Chicken rely on trade secrets including secret formulas,…
By: Trenam’s Employment Law Team An employer faces many risks when it terminates an employee, including potential claims of discrimination. Having the employee sign a separation agreement that includes a release of claims in return for payment to which the employee would not otherwise be entitled is a good way to eliminate or…
By: Trenam’s Employment Law Team “Ban the Box” or “Fair-Chance Hiring” describes a recent movement that advocates removing the check box appearing on many job applications asking applicants whether they have criminal histories. Ban-the-box advocates say that inquiring into criminal histories reduces job prospects for ex-offenders and that banning the box will…
As seen in The Cramdown, Spring 2016. By: Amy Drushal The Eleventh Circuit created new precedent (unfavorable precedent from a creditor’s perspective) in Crawford v. LVNV Funding LLC, 758 F. 3d 1254 (11th Cir. 2014), when it held that filing a proof of claim on a time-barred debt violated the FDCPA. What the Eleventh Circuit declined to address in Crawford was…
By Marla Bohlander and D. Michael O’Leary In order for a U.S. taxpayer to deduct contributions to charity on his or her federal income tax return (Form 1040), the taxpayer must comply with very specific rules set forth in the Internal Revenue Code (the “Code”) which are designed to ensure that the amount…
By Boyd E. Chapin, III The Patient Protection and Affordable Care Act (“ACA”) commonly known as “Obamacare” created new reporting obligations in 2015 requiring most employers to report certain information to the Internal Revenue Service (“IRS”) about each of its full-time employees, including whether it offered the employees and their dependents…
Uncertainty over coming revisions to federal overtime pay regulations is no excuse for delaying to prepare for changes that could profoundly affect how workers view their jobs. Click here to read this article on Health Leaders Media.
The Fair Labor Standards Act (“FLSA”) requires that employees be paid minimum wage and overtime pay at a rate of not less than one and one-half times an employee’s regular rate for hours worked over 40 in a workweek. There are a few exceptions to this requirement, including the so-called…
