Tag Archives: employment law

ILN Today Post

Ohio: House of Representatives votes to reinstate business income deduction for lawyers and lobbyists

Earlier in the year, lawyers and lobbyists were excluded from the list of small business owners eligible to claim the Ohio business income deduction, which allows business owners to deduct the first $250,000 of “business income” earned in the ordinary course of their business and pay a preferential 3 percent tax rate on business income above that threshold. But on October 10, 2019, the Ohio House of Representatives unanimously voted to restore the business income deduction for lawyers and lobbyists. READ MORE

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ILN Today Post

Ohio: Court of Appeals rules for highway contractor in sales/use tax case

Late last month, the Ninth District Court of Appeals in Summit County decided Karvo Paving Co. v. Testa in favor of a highway construction contractor that disputed an Ohio use tax assessment on traffic maintenance equipment. READ MORE

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ILN Today Post

Handling Requests for Time Off Under the BRAVE Act

In August of 2018, Governor Charlie Baker signed into law An Act Relative to Veteran’s Benefits, Rights, Appreciation, Validation and Enforcement, otherwise known as the BRAVE Act.

The BRAVE Act amended existing laws concerning Massachusetts veterans in a number of ways, some of which touch directly on the employer-employee relationship.

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In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by Collective Bargaining Agreements

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers.  In the flurry of recent decisions, the Board addressed misclassification of workers as independent contractors, employers’ rights to control access to private property (Tobin Center for Performing Arts, UPMC, and Kroger Mid-Atlantic), the right to impose class action waivers in the wake of employment lawsuits, withdrawal of union recognition, the appropriate scope of bargaining units, and management’s right to make unilateral changes to terms and conditions of employment that are “covered by” a collective bargaining agreement (“CBA”).

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Compliance with the New DOL Salary Thresholds May Create Unexpected Challenges for Employers (Redux)

In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those expected changes: “Compliance with the New DOL Overtime Exemption Rule May Create Unexpected Challenges for Employers.

As we wrote earlier this week, the current administration’s changes are set to go into effect on January 1, 2020: “U.S. Department of Labor Issues Long-Awaited Final Rule Updating the Compensation Requirements for the FLSA’s Executive, Administrative, and Professional Exemptions.”

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Time Is Money: A Quick Wage-Hour Tip on… Navigating Travel Time Pay

What is considered compensable travel time pursuant to the Fair Labor Standards Act (“FLSA”) is not always clear or intuitive to employers, even for those who usually have a good handle on wage and hour laws. This blog post hopefully will simplify the requirements set forth in the U.S. Department of Labor’s (“DOL”) regulations and interpretive guidance to help clarify when employees must be paid for travel time.

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U.S. Department of Labor Issues Long-Awaited Final Rule Updating the Compensation Requirements for the FLSA’s Executive, Administrative, and Professional Exemptions Continue Reading…

For the past four-plus years, the U.S. Department of Labor (“DOL”) has actively pursued revisions to the compensation requirements for the executive, administrative, and professional exemptions to the Fair Labor Standards Act’s overtime requirement.  On September 24, 2019, DOL issued its Final Rule implementing the following changes, effective January 1, 2020:

  • The new general minimum salary for these exemptions increases from the current level of $455 per week ($23,660 per year) to $684 per week ($35,568 per year).
  • The new minimum annual compensation threshold for the highly compensated employee version of these exemptions increases from $100,000 to $107,432.
  • Employers may use commissions, nondiscretionary bonuses, and other incentive compensation to satisfy up to 10% of the salary requirement, provided that these payments occur no less frequently than annually, and subject to a single “catch-up” payment within one pay period of the close of the year.
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ILN Today Post

DOL’s new FLSA salary level rule effective January 1, 2020

On Sept. 24, 2019, the U.S. Department of Labor (DOL) issued the final rule on the new salary threshold for white-collar exempt status employees under the Fair Labor Standard Act. The new rule changes the current salary level for exempt employees from $23,660 per year to $35,308 annually. The new rule will be effective Jan. 1, 2020. Read more…

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Are More Exemptions Warranted to New California Legislation Codifying and Expanding Dynamex’s “ABC Test” for Independent Contractor Status? Continue Reading…

There may soon be a fair number of big rig trucks for sale in California, as well as computers, desks and other material investments of persons who determine that they may no longer offer their services as independent contractors and must shut down their small businesses, a potential repercussion of new legislation intended to restrict the use of independent contractor status in the state.

Whether those and other practical consequences of the hurried passage of the new law were considered by the California legislature is unclear.

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Latest Department of Labor Opinion Letter Addresses the FLSA’s Retail/Service Establishment Employee Exemption Continue Reading…

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to issue guidance at a rapid pace, releasing a new opinion letter regarding the retail or service establishment overtime exemption under the Fair Labor Standards Act (“FLSA”).  The letter brings clarity to a recurring issue affecting retailers.

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