Franczek Radelet P.C.

What Bonuses and Incentive Payments Count As "Discretionary" Under The New Exemption Rules?

One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing  certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However, the…more
| Labor & Employment Law

Coaches and Athletic Trainers Under the New FLSA Rules

As schools seek to adjust to the new Department of Labor overtime exemption rules and increased salary standards, nearly every institution has classification and overtime-calculation questions about athletic coaches and athletic…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Supreme Court Tells EEOC It May Be on the Hook for Fees if It Does Not Fulfill Its Statutory Pre-Suit Duties

Title VII of the Civil Rights Act of 1964 (Title VII) authorizes the award of attorneys’ fees to a party who prevails in a discrimination or retaliation claim brought under that statute. Although this fee shifting provision…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Thoughts On Payroll By Exception and Weekly Time Sheets

In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used to…more
| Labor & Employment Law

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall substantial…more
| Immigration Law, Labor & Employment Law

OSHA Changes to Recordkeeping Rules Will Make Injury and Illness Data Public; Restricts Post-Incident Drug Testing and Safety Incentive Programs

Claiming that it will “nudge” employers to focus on safety, the Occupational Safety and Health Administration (OSHA) has issued a final rule which updates the way it collects, and employers report, workplace injury and illness…more
| Labor & Employment Law

The New FLSA Exemption Rules and Higher Education

As we previously reported, the Department of Labor has now issued its long-anticipated final overtime exemption rules for white collar workers. In addition, the DOL published more detailed guidance for higher education…more
| Education, Labor & Employment Law

Paying a Fixed Salary for a Fluctuating Workweek - Or, How To Pay Half-Time Overtime

The impending increase in the minimum salary for the executive, administrative and professional exemptions under the FLSA has many employers looking for ways to manage overtime costs for newly-reclassified employees. As part of…more
| Labor & Employment Law

EEOC Issues Final Rules on Wellness Programs Under the ADA and GINA

This week the Equal Employment Opportunity Commission (EEOC) issued final rules providing guidance on the application of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act of 2008 (GINA)…more
| Civil Rights, Health, Labor & Employment Law

U.S. Supreme Court Declines to Rule on Merits in ACA Religious Accommodation Case

The United States Supreme Court has declined to rule on the merits in a case brought by religious non-profit entities challenging the “religious accommodations” to the contraception mandate under the Affordable Care Act (ACA). …more
| Constitutional Law, Health, Labor & Employment Law, Nonprofit Law

New Rules Announced: $47,476 Minimum Salary, Effective 12/1/2016

This week, the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released. We are still digesting 500-plus page…more
| Labor & Employment Law

New Rules Announced: $47,476 Minimum Salary, Effective 12/1/2016

Late yesterday the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released this morning. We are still…more
| Labor & Employment Law

Details of New Overtime Exemption Rules Begin To Emerge

Bloomberg BNA is reporting that according to a “source familiar with the situation,” the DOL’s new overtime exemption rules will take effect on December 1. The new minimum salary for exempt executive, administrative and…more
| Labor & Employment Law

New FLSA Exemption Rules Coming Wednesday May 18 (so they say)

Rumors abound this afternoon that the DOL will release its new overtime exemption rules this Wednesday, May 18, in coordination with an event in Ohio attended by VP Joe Biden and Labor Secretary Thomas Perez. What will the new…more
| Labor & Employment Law
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  • Labor & Employment Law
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50-100 Attorneys

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