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President Obama Proposes to Expand Overtime to Over 5 Million Salaried Workers

On June 29, 2015, President Obama unveiled a dramatic change to the country's overtime pay law in an opinion piece published by the Huffington Post.  The president's proposal seeks to extend overtime protection to nearly 5 million employees by raising the minimum threshold for guaranteed overtime pay from an annual salary of $23,660 to $50,440.  Employees falling within the expansion would be guaranteed time-and-a-half for all hours worked over 40 hours in a week; in other words, if the rule takes effect as intended, the President will in one fell swoop have reverted a massive subsection of middle-income workers from exempt to non-exempt status, thereby entitling them to overtime pay.  Further, going forward, the rule would link the minimum exemption salary to inflation levels, with the goal of avoiding another severe adjustment such as this in the future. More ›

Of Interest: U.S. Supreme Court Finds Constitutional Support For Same-Sex Marriage

Note: Though the Supreme Court's decision in Obergefell v. Hodges (issued today) does not directly implicate an employment issue, the opinion represents a significant shift in U.S. culture and society, and therefore is likely of import to many employers. Thus, we share a summary of the opinion.

In a monumental decision, the United States Supreme Court ruled today that same-sex marriage is a fundamental right protected by the 14th Amendment of the United States Constitution. The laws of Michigan, Kentucky, Ohio and Tennessee defining marriage as a union between a man and a woman were upheld by the United States Court of Appeals for the Sixth Circuit but then struck down by the Supreme Court's decision.  More ›

Violation of GINA Leads to Significant Jury Verdict Against Employer

Have you ever had a mystery employee defecating around your warehouse, damaging goods?  Have you ever considered asking employees to provide cheek cell samples to determine the identity of the defecator?  Hopefully, the answer to both questions is no.   One Georgia employer, however, was not so lucky. More ›

Of Interest: U.S. Supreme Court Saves Obamacare a Second Time

Note: Though the Supreme Court's decision in King v. Burwell (issued today) does not directly implicate an employment issue, the opinion is quite significant and likely of interest to many employers who have been following the developments of the Affordable Care Act. Thus, we share a summary of the opinion addressing the latest challenge to the ACA prepared by our colleagues in Hinshaw's national Appellate Practice Group.

By a 6-3 margin, the Supreme Court has ruled in King v. Burwell that the provision in the Affordable Care Act (also known as "Obamacare") that offered tax credits to people who purchase health insurance on a health insurance exchange created under the ACA applied whether or not the exchange was established by a State or by the federal government. In doing so the Court saved the ACA from the consequences of what was largely thought to be a "scrivener's error," that is, a drafting mistake in a bill that was nearly 1,000 pages long. More ›

DOL Issues Updated FMLA Certification Forms

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. More ›

California Labor Commissioner Delivers A Blow to the Ride Sharing Independent Contractor Concept

The decision to classify workers as independent contractors versus employees can be a costly one, but nevertheless, continues to be a decision many employers make quickly and without regard for the potential risks.  In California, the risks are significant, given the extensive Labor Code protections afforded to employees, and the resulting penalties. More ›

Texas Supreme Court Clarifies Employer Liability on Obvious Risk in Workplace Injuries

It's not too often that we hear of an employer being able to escape liability for a workplace injury, where the injury does, in fact, happen to an employee and it happens in the workplace. Below, we'll discuss a case where an employer did just that, however. More ›

Dazed But Slightly Less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge

If you are in one of the twenty-three (and counting) states which permits the medically authorized use of marijuana, you need to take note of a Colorado Supreme Court decision issued yesterday.  The decision itself is based on the specific language of the Colorado medical marijuana statute, but the decision may nonetheless be an important guide for employers nationwide wrestling with how to enforce drug and drug testing policies in states where the use of marijuana has been legalized. More ›

Chicago Minimum Wage Hike Is Here: Are You Ready?

You may recall that last December, just as Chicagoans were starting to hunker down for another cold, snowy winter, the Chicago City Council made national news by passing an ordinance that will raise the minimum wage for Chicago workers. More specifically, the ordinance will gradually raise the minimum wage for Chicago workers over the course of the next four years from the current $8.25/hour to $13/hour. More ›

San Francisco Retail Workers Gain New Rights—What Employers Need to Know

On July 3, 2015, San Francisco adds another law to its long list of city-wide labor ordinances. In addition to the City's laws on paid sick leave, minimum wage, family friendly workplace, and health care security, employers should now get acquainted with Formula Retail Labor Protections, also known as the Retail Workers Bill of Rights. More ›

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