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Dustin Paschal Published in Today’s CPA Magazine

If you are one of the more than 35,000 Texas CPAs who receive Today’s CPA Magazine, be sure to check out Dustin Paschal’s feature article in the January/February 2017 issue.  The article, entitled “The Fair Labor Standards Act’s One-Two Punch,” discusses the two major classification issues employers face under the FLSA – the exempt vs. non-exempt classification issue and the employee vs. independent contractor classification issue.  A snippet of the article also was included in our 4th Quarter 2016 firm newsletter, which is available on our website on the Newsletters page. Read more
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Texas Court Halts Implementation of New Overtime Rule

Today, November 22, 2016, U.S. District Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas (Sherman Division) issued a preliminary injunction halting implementation of the new overtime rules that were set to go into effect on December 1, 2016. As you aware, following a notice and comment period, the U.S. Department of Labor issued a Final Rule regarding the so-called “white collar” overtime exemptions. The rule, set to go into effect on December 1, 2016, increased the required salary level for the executive, administrative and professional exemptions to the Fair Labor Standard Act’s Read more
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DOL Overtime Regulations Fight Continues

As you are aware and as we have discussed in this blog before, the revisions to the Department of Labor’s overtime regulations are set to go into effect on December 1, 2016.  In light of this impending change, the United States Congress and various states have taken action to delay the change.  On September 20th, 22 states (including Texas) filed a declaratory judgment lawsuit in the United States District Court for the Eastern District of Texas (Sherman Division). The states based their lawsuit on the fact that they are subject to the new regulations and that state employees will be affected Read more
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Final DOL Overtime Regulations Released

Yesterday, the Department of Labor released the final regulations regarding the white collar exemptions for overtime compensation. We will discuss this more here and in our newsletter, but here is a quick run down of what employers need to know: The salary threshold for the white collar exemptions (administrative, executive, professional, creative) is now $913 per week (which equates to $47,476 per year) There will be automatic salary threshold increases every 3 years to maintain the salary level at the 40th percentile in the lowest-wage census region The highly compensated employee exemption salary threshold is changed to $134,004 per year There Read more
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DOL Audit Dallas TX

DOL Audit Dallas TX: How You Can Avoid A Department of Labor Audit

U.S. Department of Labor onsite compliance audits are on the rise and that means that your business stands a good chance of becoming the target of a DOL audit Dallas TX.  A DOL audit can arise for a number of reasons including random chance; so even though you think you are compliant in all areas of human resources and you haven’t received or been aware of any employee complaints regarding compliance, you can still be selected for an audit.  Though the audit process can seem relatively straightforward on paper, it is extremely time- and labor-consuming and should be avoided when Read more
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DOL Audit Dallas TX

DOL Audit Dallas TX: Your DOL Audit Questions Answered

If you are a business owner, you may, at any time, face the possibility of a DOL audit Dallas TX.  Once you receive a notice from the U.S. Department of Labor (DOL) that your business is going to be audited, it is imperative that you deal with the preparations for the audit, and the audit itself, in an expedient and professional manner.  In fact, ignoring a DOL audit or not preparing for one can be catastrophic, which is why it is in your best interest that you retain expert legal counsel to help you through the audit process and to Read more
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FLSA Lawsuits and Enforcement On the Rise

It doesn’t take much to see that FLSA claims, including lawsuits and Department of Labor audits/enforcement, are on the rise.  All you have to do is turn on your TV, open a newspaper or visit the Internet.  In fact, if you use Uber to get around or follow the NFL or the NBA, you already see several major examples.  The Oakland Raiders cheerleading squad filed a lawsuit against the team in early 2014 alleging that they were employees entitled to minimum wage and overtime.  While both the NFL and the Department of Labor alleged that the cheerleaders, the Raiderettes, should or Read more