
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.

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
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!