DOL Overtime Rule: New Minimum Salary Level for Exempt Employees

Posted October 2019


Employers, are you ready for the new overtime rule?  The minimum salary for exempt employees under the Fair Labor Standards Act is increasing to $35,568 effective January 1, 2020 pursuant to the new rule issued by the Department of Labor (“DOL”) on September 24, 2019.  Organizations that are covered by the FLSA and have employees classified as exempt from overtime who are not currently making at least $35,568 in salary per year should begin planning for the changes necessary to maintain exempt status, or be prepared to start paying those newly non-exempt employees overtime beginning on the effective date.  The DOL anticipates that approximately 1.3 million workers will now be eligible for overtime pay as a result of the higher minimum salary requirement. Read the full article.

City of Cincinnati Passes Ordinance Prohibiting Salary Inquiry and Use

Posted May 2019


The City of Cincinnati has become the latest jurisdiction to adopt an ordinance prohibiting employers from asking about or relying on the prior salary history of prospective employees in setting starting pay. The salary history ban passed March 13, 2019 and goes into effect on March 13, 2020. Nonprofit employers located in the City of Cincinnati and employing at least 15 employees within the City should take steps now to review and update their employment applications and hiring practices to comply with the new law. Read the full article.

DOL Proposes New Salary Threshold for FLSA’s Overtime Exemptions

Posted March 2019

On March 7, the Department of Labor released its long-awaited Notice of Proposed Rulemaking that focuses on updating the minimum salary requirement for the Fair Labor Standard Act’s white collar exemptions.

Key Notes:

  • “White collar” exemptions’ threshold to increase from $455/week ($23,660/year equivalent) to $679/week ($35,308/year equivalent)

  • Expected effective date in January 2020

  • No changes to standard duties test

Read the full article.

Breaking Up is Hard to Do: Key Considerations for Separation Agreements and Employee Departures

Posted September 2018


Terminating an employee is possibly one of the most uncomfortable aspects of employment law. Even if an employee has clearly been under-performing, causing problems, or violating policies, employers often struggle with how to let an employee go: What do you say? How do you say it? When is the right time? What documents do I use?  Read the full article.

Small Business HRAs: An Employee Health Care Solution

Posted May 2018


In December 2016,  President Obama signed the “Cures Act” to give small businesses and nonprofits a “new” option for providing health care to employees. The Cures Act restored some of the utility of stand-alone HRAs by exempting small employers from some requirements of the ACA. The new “Small Business HRA” allows employers with less than 50 full-time equivalent employees to provide tax-free contributions to employees to reimburse them for qualified health care expenses. Read the full article.

Key Considerations for Employee Handbooks

Posted February 2018

Does your organization have an employee handbook?  There's more to it than just having one in place.  Employee handbooks only work if employees and managers know what the policies are and effectively enforce them.

This Pro Bono Brief outlines best practices for the use of employee handbooks, including why it may be time for your organization to consider developing one! Read the full article.

UPDATE: New Form I-9 Required Starting September 19, 2017

Posted September 21, 2017

Every employer is required to complete and retain a Form I-9 when hiring a new employee, and a new form has been issued by the U.S. Citizenship and Immigration Services.  Read article.  

Identify and Reduce Employment Law Risk in 2016
Posted March 31, 2016
If you have employees, you have employment risks.  As you head into spring, take some time to consider the following four questions.  Read article.  
Department of Labor Proposal Would Make More Employees Eligible for Overtime
Posted October 15, 2015
Major changes from the Department of Labor (DOL) expected in 2016 could mean that more of your employees will be eligible for overtime. The attached article explains the proposed changes and what they could mean for your organization.  Read article.
Are you Properly Classifying Your Independent Contractors?
Posted October 15, 2015
Nonprofit organizations that rely significantly on the work of independent contractors should proceed cautiously in light of the recent DOL interpretive guidance saying "most workers" who are classified as independent contractors are actually employees under the Fair Labor Standard Act. 
Read article.
Employment Law Updates: What's In a Name? Webinar
Presented November 30, 2015
Listen and learn about exempt/non-exempt employees and classifying employees/independent contractors.  Proposed changes to the Department of Labor rules highlight the importance of these classifications.  Click here to view


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