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A Season of Change for Human Resources

On Saturday, June 20, we marked the official start of summer.  That day is known as the summer solstice, the longest day of the year and the day on which the sun reaches its highest and northernmost points in the sky.  With the start of summer, we close out spring and we turn to thoughts of pool parties, backyard cookouts, and summer vacations.  This summer, though, has a different feel and a different approach in light of COVID-19; and with the start of this particular summer, we look back on a monumental spring of change for Human Resources professionals everywhere. Read more
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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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Employment Law News & An Update

Today, we have an update on our previous post about challenges to the upcoming changes to the Department of Labor’s overtime regulations.  We also have a quick note on other legal action affecting employment laws.  It’s been a pretty busy few weeks in the U.S. District Courts for the Eastern District of Texas! Shortly after Texas and multiple other states filed a lawsuit to stop the new overtime rules from going into effect on December 1, 2016, the U.S. Chamber of Commerce and 50 other groups, including the Plano Chamber of Commerce and the Frisco Chamber of Commerce here locally 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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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