Employer Law Blog

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.

The National Labor Relations Board (“NLRB”) started 2014 by capitulating on its efforts to force employers to post a notice at work which advised employees how they could form a union in order to collectively bargain. The NLRB announced this mandatory posting rule in August 2011, which would have required all private sector employers, whether unionized or not, to conspicuously post an 11x17 notice at work that outlined a number of employee rights under the National Labor Relations Act (“NLRA”). While the new posting obligation was originally scheduled to take effect in November 2011, a number of legal challenges were filed which delayed enforcement of this posting obligation.