Human Resources and Employment Law

• Pay Deductions for Salaried Employees: You Ask, We Answer

  March 7, 2017

  Q: Do I need to pay a salaried-exempt employee for time off if they already exhausted all of their PTO? A: It is important for employers to be cautious when considering whether or not to take deductions from a salaried-exempt employee’s pay. One wrong move could result in a misclassification claim for not only the employee subject […]

• New Healthcare Coverage Option for Small Employers

  December 9, 2016

  (December 9, 2016) The big news from Washington this week – aside from whatever latest Tweet has issued regarding the incoming administration – is the nearly unanimous bi-partisan passage of the 21st Century Cures Act.  The bill, which now goes to President Obama for his expected signature, is chock-full of significant provisions that will impact […]

• Department of Labor Refuses to Concede Overtime Battle

  December 2, 2016

  (December 2, 2016) We recently wrote about a Texas federal judge’s November 22, 2016 injunction preventing implementation of the Department of Labor’s new overtime rules that would have raised the minimum salary for overtime exempt employees from $23,660 annually to $47,476 annually. The ruling of the lower Court came just days before employers nationwide were […]

• Federal Court Throws New Overtime Rules Into Limbo

  November 23, 2016

  (November 23, 2016) Businesses from coast to coast have spent the last several months analyzing and making plans to implement the Department of Labor’s new overtime rules which basically doubled the compensation floor for salaried employees and were to go into effect on December 1, 2016.  That all changed Tuesday, November 22nd, when U.S. Federal […]

• you ask, we answer.

  November 21, 2016

  Q: I know that the FLSA salary basis changes on December 1, 2016. So, as long as my salaried employees make at least $47,476 I am in compliance, right? A: Not necessarily. Earlier this year the U.S. Department of Labor issued new regulations which raised the salary basis requirement under the Fair Labor Standards Act […]

• Hi, Boss! I’m the Employee You Didn’t Hire

  October 20, 2016

  (October 20, 2016) In the past decade, employers have explored numerous ways to trim the number of employees on staff. While much of the trimming has been necessary due to automation and productivity gains, some of it has been driven by the desire to avoid statutory mandates that are triggered by certain thresholds such as […]

• OSHA Online Injury Regulations Take Effect August 10

  August 4, 2016

  (August 4, 2016) Earlier this year, OSHA announced final changes to its rules governing the reporting of workplace injuries. These final rules are effective August 10, though the new electronic reporting requirement does not begin to phase in until January 1, 2017. The bulk of the new OSHA regulations deal with electronic reporting and new […]

• Michigan Supreme Court Clarifies Standard Applied to B2B Noncompetition Agreements

  July 19, 2016

  On Friday, July 14, 2016, the Michigan Supreme Court issued an opinion addressing what standard must be applied by courts reviewing noncompetition agreements in business-to-business transactions. The case, Innovation Ventures LLC v Liquid Manufacturing LLC, involved a noncompetition agreement found in contracts between Innovation Ventures, LLC (“Innovation”), the maker of “5 Hour Energy” drinks, and […]

• You Ask, We Answer.

  June 16, 2016

  Q: I run a nonprofit organization. We pay our managers a salary, but most of them do not meet the new salary basis requirements published by the Department of Labor. What do I do? A: Depending on the details of your organization, as well as the details of the work performed by your employees, the […]

• DOL Overtime Rule Finally Announced

  May 18, 2016

  On May 18, 2016, the U.S. Department of Labor announced a final rule updating the regulations governing the exemption of executive, administrative, and professional employees from the minimum wage and overtime pay protections of the Fair Labor Standards Act (“FLSA”). This rule will go into effect December 1, 2016 and is estimated to extend the […]