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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
June 30, 2015

DOL Proposes to More Than Double Minimum Salary Requirement

To be classified as an employee exempt from overtime, an employee must perform certain exempt duties and responsibilities, such as those customarily performed by an executive, professional or administrative employee. In addition to performing the requisite managerial duties, an employer is required to pay the individual a minimum guaranteed weekly salary. If the employee does not receive this minimum weekly salary, the employee is treated as an hourly employee, regardless of their duties, and must be paid overtime for all hours worked in excess of 40 hours during the workweek.

Employer Law Blog
April 14, 2015

Federal Court Enjoins DOL FMLA Regulation Addressing Same-Sex Marriages

The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.

Employer Law Blog
April 9, 2015

Department of Labor’s New Interpretation of FLSA’s Administrative Exemption to Mortgage Loan Officers Upheld by U.S. Supreme Court

The United States Supreme Court recently issued its ruling in Perez v. Mortgage Bankers Association, upholding a Department of Labor (“DOL”) interpretation regarding the status of mortgage loan officers as non-exempt under the Fair Labor Standards Act (“FLSA”). At issue was whether the DOL could alter its position regarding whether mortgage loan officers qualify for the administrative exemption under the FLSA without adhering to the notice-and-comment rulemaking process set forth in the Administrative Procedure Act (“APA”).