- Written by Greg Blueford
On May 18, 2016, the U.S. Department of Labor Department (“DOL”) issued the final version of the overtime exemption rule. The much-anticipated federal rule raised the minimum salary threshold required for an employee to qualify for the “white collar” exemption from overtime to $47,476 per year ($913 per week), up from $23,660 ($455 per week). Now, if an employee makes under $47,476, they are subject to federal overtime laws. The rule will take effect December 1, 2016.
“White collar” employees are those employees who are paid on a salary basis who perform primarily executive, administrative or professional duties. The new rule calls for permanently raising the “white collar” exemption equal to the 40th percentile of weekly earnings for full time, salaried workers in the U.S’s lowest income census region (which is currently the South). This amount is currently estimated at $913 per week.
“Tell Us More” DOL Passes “Persuader Rule,” And Wants To Know What You And Your Lawyer Are Talking About
- Written by Carl Larson
The U.S. Department of Labor (“DOL”) recently passed its new “persuader rule” which requires that consultants, employers, and their attorneys file detailed reports on any activities related to persuading employees with regard to union organizing campaigns. The obligations include reporting on the extent of legal services contracted for and the amount of money exchanged between an employer and their consultants/attorneys for persuasive activity. The new rule was passed over strong criticism that the rule heavily intrudes upon the attorney-client relationship and will almost certainly be challenged in the Courts.
Persuasive activity includes direct communication to employees or dissemination of materials. However, it now also includes indirect persuasion which essentially includes almost all activities related to running and employer campaign against a union, such as offering advice to the employer about when and where to meet with employees, what information to present, debriefing with supervisors, and identifying materials to disseminate to employees. Even making additions, translations or edits to employer-generated materials could subject a labor consultant or attorney to the reporting obligations under the Labor Management Reporting & Disclosure Act. Routine legal work such as rolling out an arbitration policy could also trigger reporting if done in response to an offhand comment by an employee about the need to be protected from termination.