Entries by Julie Heath

Two Major Developments for Employers

New Tax Law Nondislosure Limitations An employer’s primary motivation in resolving an employment claim is to obtain the employee’s promise to keep the settlement and the allegations underlying the claim confidential.  The recently-passed federal tax law may interfere with an employer’s interest in maintaining the confidentiality of such agreements. In response to the recent “Me […]

New overtime rules

The U.S. Department of Labor has published historic changes to the overtime rules that will make approximately 4.2 million currently exempt employees eligible for overtime pay. The new rule increases the salary threshold for employees who are exempt (not eligible to receive overtime) from $23,660 to $47,476. To comply with the new regulations, employers either […]

Independent contractor status under scrutiny

The Department of Labor has clamped down on its definition of “independent contractor,” declaring that most workers are “employees” under the law. Last month, the DOL issued its Administrator’s Interpretation No. 2015-1, analyzing the FLSA’s “economic realities” test used to determine whether a worker is an employee or independent contractor. According to the DOL, misclassification […]

Exempt employee definitions may change

Under the Fair Labor Standards Act (FLSA), employees who are “exempt” are not eligible for overtime payments. Employers are not required to pay overtime to an exempt employee, regardless of the number of hours the employee works.  Numerous categories of exempt employees exist, but three of the primary categories include employees in professional, executive, or […]

EEOC settles genetic information discrimination case

The EEOC has settled its bid to ramp up enforcement of the Genetic Information Nondiscrimination Act (GINA). In 2013, the EEOC filed a class action suit against Founders Pavilion Inc., a New York rehabilitation and nursing facility.  According to the suit, Founders conducted post-offer, pre-employment medical exams of applicants, including a request for family medical […]