OT Threshold to Rise Again?

In testimony last week before the House Education and Labor Committee, in response to a specific question from California Representative Mark Takano, Labor Secretary Marty Walsh asserted that the current minimum salary is definitely too low. He advised the committee that the Department of Labor (DOL) is currently reviewing the Final Overtime Rule currently in…

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Increasing the OT Threshold

The old phrase “you ain’t seen nothing yet” sprang to mind last week when we learned of an effort by some Congressional democrats to more than double the existing overtime threshold to over $82,000! In a letter to newly installed Labor Secretary Marty Walsh, Representatives Mark Takano (D-CA) and Alma Adams (D-NC) along with Chairman…

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Making a List and Checking It Twice

That lyric from a timeless Christmas classic shouldn’t only apply to Santa at this time of year, but also to every small businessman and woman across the country. Your list however, should be of what legal and regulatory changes will be taking effect on January 1, rather than who’s been naughty or nice! In that…

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Maine Latest to Consider Overtime Adjustment

Maine lawmakers held a work session yesterday on a bill that would dramatically increase the overtime threshold in the state. LD 402 would guarantee overtime pay for all Maine workers earning less than $55,000 per year, a significant increase over the current threshold of $36,000 per year. The bill, currently pending in the Committee on…

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Pennsylvania Expands Overtime Coverage

Pennsylvania Governor Tom Wolf had asked the legislature to reach a compromise and present him with a bill increasing the state minimum wage. The legislature couldn’t agree by the deadline Governor Wolf set and the state regulatory apparatus flexed its muscle. The state labor department proposed new increased salary thresholds for overtime exemption and the…

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FLSA Overtime Rule Webinar

DDIFO members are invited to attend a webinar on the new Fair Labor Standards Act (FLSA) overtime rule, becoming effective on January 1, 2019. Sponsored by the Coalition of Franchisee Associations (CFA) on December 4 at 12:00 Noon ET, the webinar is hosted by Fisher & Phillips labor and law attorneys Andria L. Ryan (co-chair…

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DOL Sets OT Exemption Threshold at $35,568

Earlier this week, the Department of Labor (DOL) released the final rule defining Overtime Exemption requirements for White Collar Exemptions. Effective on January 1, 2020, the new rule mandates that employees earning less than $684 per week ($35,568 annually) are entitled to overtime payment for work in excess of 40 hours per week. This particular…

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State Attorneys General Opposing Overtime Rule

The Attorneys General of 16 states around the nation submitted a letter on Tuesday commenting on the proposed new Department of Labor rule on the overtime exemption. You will recall that DOL under former President Obama more than doubled the overtime exemption to $47,476 (from $23,660), although that increase was ultimately thrown out by the…

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Unpaid Overtime Costly

With the overtime exemption still somewhat in a state of flux in some circles, it is even more important that business accurately categorize and compensate their managerial employees. A quick look at a recent federal court decision against Steak & Shake in Missouri should drive the point home. A class action suit involving 286 managers…

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Overtime Minimums Higher Than DOL’s

We thought it might be a good time to reiterate that the proposed Department of Labor overtime exemption threshold, which was increased to $35,308 just over one month ago, is not the operable threshold in New York – and some other states (California in particular) as well. Employers in New York are subject to the…

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